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2025 DAILYLAW 10514 (ALL)

SURAJ PRASAD SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/2211/2025 · 2025-02-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19068 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 2211 of 2025 Applicant :- Suraj Prasad Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Asare Yadav,Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sunil Kumar Yadav, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State-opposite party. 2. This is an application under Section 582 of the BNSS filed to quash the Charge sheet dated 20.10.2024 and further proceedings in Case No. 02. of 2025 (State Vs. Suraj Prasad Sharma and others) arising out of Case Crime No. 289 of 2024 under Section 419, 420, 406, 467, 468, 471, 504, 506, 120B I.P.C. Police Station Sawabganj, District Allahabad pending in the Court of Additional Chief Judicial Magistrate-16, Allahabad as well as cognizance and summoning order dated 02.01.2025 passed by Additional Chief Judicial Magistrate-16, Allahabad. Learned counsel for the applicants submits that in the above noted sections an FIR came to be lodged, however, the role assigned in the FIR is only relatable to the facts that so far as the applicant No. 1 is concerned he facilitated an accommodation at Gorakhpur and the applicant No. 2 only received an amout of Rs. 1.5 lacs which was in lieu of grant of a government job. He submits that substantial amount stood deposited with the other accused and not the applicants and the applicants are innocent. 3. Learned AGA, on the other hand, submits that the factual issues have been sought to be raised and further cognizable offences are made out. 4. I have heard the learned counsel for the parties and perused the record. 5. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record. 6. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 7.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad