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2025 DAILYLAW 172390 (ALL)

ARUN KUMAR SAINI v. STATE OF U.P. AND ANOTHER

NA528/24858/2025 · 2025-10-29

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24858 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for applicant; learned A.G.A. for State and perused the record. 2. Present 528 B.N.S.S. application has been filed to quash the impugned charge sheet dated 26.09.2024 as well as entire proceeding of Case No.60 of 2025 (State Vs. Rakesh Saini and others) under Section 191(2), 324(2), 352, 351(2) B.N.S. 2023, arising out of Case Crime No.232 of 2024, Police Station Kutubsher, District Saharanpur. 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Versus Counsel for Applicant(s) : Pramod Kumar Shukla, Vikas Rastogi Counsel for Opposite Party(s) : G.A. Arun Kumar Saini .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 30, 2025 Meenu Singh NA528 No. 24858 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad