Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 16040 (ALL)

SAMEER SHAKIL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/4289/2025 · 2025-02-19

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:24929 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4289 of 2025 Applicant :- Sameer Shakil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Atul Kumar Singh, learned counsel for the applicant Sri Muni Raj Mehrotra, learned AGA for the State. 2. This is an application under Section 528 of BNSS has been preferred for quashing the entire Criminal Case No. 300 of 2024 (State Vs. Sameer and another) arising out in charge sheet No. 354 of 2023 dated 30.11.2023 and in Case Crime No. 0439 of 2023, under Section 406 IPC, P.S. Delhi Gate, District Aligarh, pending in the Curt of Additional Chief Judicial Magistrate, Court No. 3, Aligarh. 3. Learned counsel for the applicant submits that though the first information report under Section 406 of the IPC has been lodged against them with an allegation that while assuring to give returns in a deposit by the name of BC certain amounts were taken but the same was not refunded. Learned counsel for the applicant submits that it is a private dispute and further according to him the opposite party No. 2 used to demand money then and though without there being any specific nature of allegations and inflated figure has been show and though it has been sought to be shown that the opposite party No. 2 has been deceived along with others but there is no detail. 4. Learned counsel for the applicants seeks direction for consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 5. I have heard the learned counsel for the parties and perused the record. 6. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 20.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad