NAIMSI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/312/2025 · 2025-04-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133446 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21988 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 312 of 2025 Applicant :- Naimsi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application has been filed by the applicant under Section 528 of B.N.S.S. for quashing the summoning order dated 10.03.2025 passed by the Chief Judicial Magistrate, Sitapur in Case No.592 of 2025, arising out of Case Crime No.459 of 2024, under Sections 80(2) & 85 of B.N.S., 2023 & Section 3/4 of Dowry Prohibition Act, P.S. Rampur Mathura, District Sitapur and also to set aside the Charge Sheet No.37 of 2024 dated 06.03.2025.
3. After some arguments, learned counsel for the applicant has made a statement at the Bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready and willing to surrender before the Trial Court and in case, applicant files an application for bail, her bail application may be considered and
disposed of in view of law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
4. Per contra, learned AGA has opposed the prayer.
5. In view of the above statement, it is directed that in case, the applicant appears before the Trial Court within 30 days from today and applies for bail, her bail application be considered and disposed off in view of law laid down by Apex Court in the case of Satender Kumar Antil (supra) after hearing both the parties.
6. For a period of 30 days from today or till the applicant surrenders and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicant in the aforesaid case.
7. With the aforesaid observations, the application u/s 528 of B.N.S.S is disposed off.
Order Date :- 18.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad, Lucknow Bench