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2025 DAILYLAW 106739 (ALL)

VINOD AND ANOTHER v. State of U.P. AND ANOTHER

A482/39511/2024 · 2025-05-14

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80888 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39511 of 2024 Applicant :- Vinod And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya,Sajjad Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash the entire proceeding of Criminal Case and charge sheet dated 25.10.2021 as well as summoning order dated 04.02.2022 in Criminal Case no. 6737 of 2022 (State vs. Shri Prakash and others) arising out of Case Crime no. 133 of 2021 under sections 147, 148, 149, 332, 353, 336, 171-H of IPC and Section 7 Criminal Law Amendment Act, PS- Gola, District Gorakhpur pending in court of learned Judicial Magistrate-II, Gorakhpur. 3. At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicants. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants. 8. With the above direction, the instant application under Section 482 Cr.P.C. stands disposed of. Order Date :- 15.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad