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2025 DAILYLAW 12087 (ALL)

RADHIKA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/2715/2025 · 2025-01-26

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13560 Court No. - 83 Case :- APPLICATION U/S 528 BNSS No. - 2715 of 2025 Applicant :- Radhika And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Shri Majahar Ali, learned counsel for the applicants, learned A.G.A for the State and perused the record. The present application under Section 528 B.N.S.S. has been filed against the impugned cognizance/summoning order dated 08.011.2024 including charge sheet dated 08.10.2024 as well as entire proceeding of Case No.76072 of 2024 (State v. Ramashankar Bind alias Shankar & others) under Sections 115(2), 110 I.P.C. arising out of Case Crime No.197 of 2024, Police Station Aurai, District Bhadohi, pending in Court of Additional Chief Judicial magistrate, Bhadohi-Gyanpur. . Learned counsel for applicants submits that he is not pressing the application on merits and the present application may be disposed of finally with the direction to the court below that in case applicants surrender before the court below and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2024 SCC OnLine SC 825. Learned A.G.A. has opposed the appeal. In view of the aforesaid, the instant application is finally disposed of with direction to the court below that in case the applicants surrender before the court below within a period of 30 days from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. The instant application is disposed of accordingly. Order Date :- 27.1.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad