PAWAN KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER
NA528/310/2025 · 2025-04-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134348 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134348 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21997 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 310 of 2025 Applicant :- Pawan Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present application under Section 528 of B.N.S.S. has been filed by the applicants for quashing the Charge Sheet dated 03.09.2024, arising out of Case Crime No.415 of 2024, under Sections 333, 110, 115 (2), 351 (2) of B.N.S., P.S. Maholi, District Sitapur as well as order dated 01.01.2025 passed by the Judicial Magistrate-II, Sitapur whereby he has summoned the applicants in the aforesaid case and also for quashing the bailable warrant dated 27.02.2025 issued against the applicants.
3. After some arguments, learned counsel for the applicants 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 applicants are ready and willing to surrender before the Trial Court and in case, applicants file an application for bail, their bail applications 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 A.G.A. has opposed the prayer.
5. In view of the above statement, it is directed that in case, the applicants appear before the Trial Court within 30 days from today and apply for bail, their bail applications 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 applicants surrender and move such an application for bail, whichever is earlier, no coercive measure shall be taken against the
applicants 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