DEENA NATH SHARMA AND 7 OTHERS v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO.
A482/6478/2025 · 2025-08-08
Brij Raj Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156780 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156780 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46447 Court No. - 28 Case :- APPLICATION U/S 482 No. - 6478 of 2025 Applicant :- Deena Nath Sharma And 7 Others Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Sachin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the applicants, learned AGA and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed seeking quashing of impugned charge sheet dated 18.12.2022 arising out of Case Crime No.737 of 2022 under Sections 147, 452, 504, 506 IPC, Police Station Khairighat, District Bahraich as well as cognizance/summoning order dated 6.6.2023 passed by the learned Judicial Magistrate, Court no.10, Bahriach in Criminal Case no.20063 of 2023 (State vs. Deena Nath Sharma and others) including entire criminal proceedings initiated in pursuance thereof.
3. At the very outset, counsel for the applicants states that applicants will surrender before the trial court and apply for bail. However, he has submitted that applicants may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386). He further submits that after getting bail, applicants may be given liberty to file an application for discharge.
4. It is, therefore, directed that in case the applicants surrender before the Court below within three weeks from today and prefer bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the
law laid down by the Supreme Court in the case of Satender Kumar Antil (supra). Liberty is also granted to the applicants to move an application for discharge after they get bail by the court below.
5. For a period of three weeks from today, no coercive action shall be taken against the applicants in the aforesaid case.
6. The application stands disposed of. Order Date :- 8.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench