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2025 DAILYLAW 134723 (ALL)

ABHISHEK KUMAR PANDEY @ SONU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

NA528/325/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22118 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 325 of 2025 Applicant :- Abhishek Kumar Pandey @ Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Mohan Singh 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. The present application under Section 528 of B.N.S.S. has been filed by the applicant with the prayer to quash the proceedings of Criminal Case No.5239 of 2024 arising out of Case Crime No.342 of 2024, under Section 115(2), 117(2), 110, 3(5) of B.N.S., P.S. Kadipur, District-Sultanpur as well as Charge Sheet No.241 of 2024 dated 29.09.2024 and also prayed for quashing of the summoning order dated 05.11.2024 passed by the Chief Judicial Magistrate, Sultanpur in the aforesaid criminal case. 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, his 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 A.G.A. 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 apply for bail, his bail applications be considered and disposed of in view of law laid down by the 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 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench