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2025 DAILYLAW 113653 (ALL)

RISHABH KASHYAP AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/44914/2024 · 2025-07-06

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107047 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 44914 of 2024 Applicant :- Rishabh Kashyap And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. This application under Section 482 Cr.P.C. has been filed by applicant for quashing the entire proceedings of charge sheet dated 10.6.2024 and cognizance and summoning order dated 28.11.2024 passed by Civil Judge (J.D.), Court No.21, Allahabad in Case No.395 of 2024, State Vs. Rishabh Kashyap and others, arising out of Case Crime No.55 of 2024, under Sections 498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Daraganj, District Prayagraj. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 482 Cr.P.C. with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application under Section 482 Cr.P.C. is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 6. The application under Section 482 Cr.P.C. is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 7.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad