Neutral Citation No. - 2025:AHC:19359 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4014 of 2025 Applicant :- Brijlal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Vishwakarma,Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Rakesh Dubey, learned counsel for the applicants who are three in number and Sri Sunil Pratap, learned State Law Officer for the State-respondent. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 751 of 2008 (State Vs. Brijlal and others), arising out of case crime no.260 of 1998, under Sections 308, 506 IPC Police Station- Dhoomanganj, District Allahabad pending before the court of learned Additional Chief Judicial Magistrate, Court No. 16, Allahabad. 2. Learned counsel for the applicant submits that though the first information report stood lodged against the applicants under Sections 308 and 506 IPC on 19.05.1998 being Case Crime No. 128 of 1998 relatable to inflicting the injuries, however, he submits that non-bailable warrants issued on 16.09.2024, he while inviting attention towards para 26 of the paper-book submits that so far as the applicant no. 1 is concerned, he is the senior citizen aged about 77 years suffering from medical ailments and so far as the applicant nos. 2 and 3 are concerned, they were also not in a position to make themselves physically present, when the proceedings were going on before the court below. He submits that on account of inadvertence and overlooking the dates on which they were to be present since the matter is quite old, the same amounted to creation of such a position. He submits that a suitable direction be issued to the court below to consider the application of the applicants for bail strictly in accordance with law looking into the nature of the allegations as well as the fact situation of the applicants. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the court to consider and decide the bail application strictly in accordance with law. 8. 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. 9. 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 :- 10.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad