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2025 DAILYLAW 14894 (ALL)

VIJAY YADAV v. STATE OF U.P. AND ANOTHER

NA528/4422/2025 · 2025-07-30

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128293 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 4422 of 2025 Applicant :- Vijay Yadav Opposite Party :- State of U.P. and Another Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the Cognizance/summoning order dated 20.12.2024 passed by the Judicial Magistrate, Court No. 3, Muhammadabad, District- Ghazipur on Charge-sheet dated 09.10.2024 bearing Charge-sheet No. A-121 of 2024 registered as Criminal Case No. 946 of 2024 (State vs. Vijay Yadav), arising out of Case Crime No. 130 of 2024, under Sections 76, 351(3), 333 of B.N.S., Police Station- Kareemuddinpur, District- Ghazipur including the entire proceedings of said case as against the applicant. 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant. 5. Accordingly, the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. Order Date :- 31.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad