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2025 DAILYLAW 16618 (ALL)

AJAY KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/4529/2025 · 2025-02-23

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:26678 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4529 of 2025 Applicant :- Ajay Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mahendra Pratap Yadav, learned counsel for the applicants and Sri Vikas Sharma, State Law Officer for the State. 2. This is an application under Section 528 of BNSS has been filed for quashing the charge-sheet No. 01 of 2024 dated 06.07.2024 as well as cognizance order dated 23.08.2024 arising out of Case Crime No. 115 of 2024 and entire proceedings of Case No. 1855 of 2024 (State Vs. Ajay Kumar and others) under Sections 147, 148, 149, 452, 323, 504, 506, 308 IPC, P.S. Nagar, District Basti, pending in the Court of Chief Judicial Magistrate, Basti. 3. Learned counsel for the applicants submits that totaling false allegations have been sought to be levelled in the first information report against the applicants along with four others relatable to inflicting injuries. Learned counsel for the applicants submits that some of the injured have sustained simple injury and Meera has sustained injuries in right temporal bone fracture with underlying EDH with right small frontal contusion. 4. Learned AGA, on the other hand, submits that once injuries are born out from the record and the offences stand commissioned. 5. 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 6. I have heard the learned counsel for the parties and perused the record. 7. 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. 8. 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 :- 24.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad