Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 124338 (ALL)

AFZAL @ SHERA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/125/2025 · 2025-02-20

Sanjay Kumar Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:10975 Court No. - 18 Case :- APPLICATION U/S 528 BNSS No. - 125 of 2025 Applicant :- Afzal @ Shera And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dilip Kumar Chaudhary,Mirza Shahid Baig 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 16.12.2024, cognizance/summoning order dated 15.01.2025 and proceedings of C.I.S. No. 410 of 2025 (State Vs. Shahjad and others) arising out of Case Crime No. 238 of 2024, under Sections 333, 115(2), 110, 117(2) BNS, Police Station Khargupur, District Gonda pending in the court of Chief Judicial Magistrate, Gonda. At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning 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 :- 20.2.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench