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2025 DAILYLAW 16878 (ALL)

RAJ BIHARI v. STATE OF U.P. AND ANOTHER

NA528/4541/2025 · 2025-05-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75635 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4541 of 2025 Applicant :- Raj Bihari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dwivedi,Niraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the impugned charge sheet no. 16 of 2019 dated 15.01.2019 as well as cognizance order dated 07.01.2020 passed by learned Additional Chief Judicial Magistrate, Court no. 15, Allahabad in Case no. 76 of 2020 (State vs. Raj Bihari and others) arising out of Case Crime no. 0147 of 2018 under sections 147, 148, 283, 341 IPC and 7 Criminal Law Amendment Act, PS- Shankargarh, District Prayagraj pending in court of learned Additional Chief Judicial Magistrate, Court no. 15, Allahabad along with the entire proceedings of the aforesaid case. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application under Section 528 BNSS stands disposed of. Order Date :- 9.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad