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2025 DAILYLAW 121225 (ALL)

AJAY NISHAD AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

NA528/75/2025 · 2025-02-17

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:10063 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 75 of 2025 Applicant :- Ajay Nishad And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Deepak Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 528 BNSS has been filed by the applicants to quash the charge-sheet dated 12.09.2024, cognizance order dated 03.12.2024 and proceedings of Criminal Case No. 11441 of 2024 arising out of Case Crime No. 251 of 2024, under Sections 115(2), 352, 351(2), 131 and 126(2) BNS, Police Station Bhiti, District Ambedkar Nagar pending in the court of Chief Judicial Magistrate, Ambedkar Nagar. At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 17.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench