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Neutral Citation No. - 2025:AHC:24908 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3528 of 2025 Applicant :- Madhukar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, Sri J.P. Gupta, leanred AGA for the State.
2. This is an application under Section 528 of BNSS has been preferred for quashing the order dated 17.10.2024 passed by Judicial Magistrate, Kaushambi in Case Crime No. 140 of 2017 under Section 419, 420, 467, 468, 471, 504, 506 IPC P.S. Kokhraj, District Kaushambi.
3. Learned counsel for the applicant submits that taking into account the allegations contained in the first information report under Section 419, 420, 467, 468, 471, 504, 506 into face value, no offences are made out. Submission is that the applicant had no knowledge about the job card and the allegation of procurement of two job cards one of general category and other of reserved category is not his fault. He submits that earlier final report was submitted and thereafter post protest petition, the case was registered as complaint case and now summoning order has been passed. Learned counsel for the applicant, thus, submits that he has been falsely implicated in the case. Learned AGA, on the other hand, submits that whatever might be applicant is the beneficiary and he merely while saying that he is not involved in the criminality would not absolve particularly when it is its defence which can only be taken on the trial commences.
4. Learned counsel for the applicants seeks direction for
consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P.
No.5191 of 2021
5. I have heard the learned counsel for the parties and perused the record.
6. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record.
7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay.
Order Date :- 20.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad