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2025 DAILYLAW 171248 (ALL)

BANKEY LAL AND 10 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/31232/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31232 of 2025 Court No. - 77 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 applicants to quash the charge-sheet dated 10.04.2025, cognizance order dated 13.05.2025 as well as entire criminal proceedings in Case no. 338/2025 (State vs. Bankey Lal and others) arising out of Case Crime no. 351/2024 under sections 191(2), 191(3), 190, 76, 115(2), 352, 351(2), 324(4) of Bharatiya Nyaya Sanhita, 2023, Police Station Phaphamau, District Prayagraj pending before learned Additional Chief Judicial Magistrate, Court No.6, Allahabad. 3. At the very outset, learned counsel for the applicants 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 applicants appears before the court concerned within three weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, 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 applicants. 7. It is made clear that in the event no such application is moved Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Bankey Lal And 10 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) within the time prescribed above, this order will be of no avail to the applicants. 8. With the above direction, the instant application stands disposed of. October 27, 2025 Rakesh NA528 No. 31232 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad