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2025 DAILYLAW 149516 (ALL)

MAHIPAL YADAV @ MAHIPAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

NA528/681/2025 · 2025-07-03

Om Prakash Shukla

body2025

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Neutral Citation No. - 2025:AHC-LKO:37473 Court No. - 30 Case :- APPLICATION U/S 528 BNSS No. - 681 of 2025 Applicant :- Mahipal Yadav @ Mahipal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another Counsel for Applicant :- Chandra Shekhar Singh Yadav,Ranjit Yadav Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for applicant as well as learned Additional Government Advocate for State. 2. The present application under Section 528 of B.N.S.S., 2023 has been filed with a prayer to quash the charge sheet dated 11.09.2024 submitted in Case No.2885 of 2024, Crime No.0224 of 2024 under Section 115(2) 352 B.N.S., 2023 and under Section 3(1)(D), 3(1)(Dha), 3(2)(Va) of SC/ST Act, 1989, Police Station-Mall, District-Lucknow; State vs. Mahipal Yadav and Others pending in the court of learned Special Judge SC/ST Act, Lucknow as well as summoning order 16.12.2024. 3. Learned counsel for applicant, after arguing for some time, submits that present application may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. 4. In view of the above, the instant application is dismissed as not pressed. However, it is provided that in case the applicant appears before the trial court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). (Om Prakash Shukla, J.) Order Date :- 3.7.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench