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2025 DAILYLAW 174975 (ALL)

VIVEK KUMAR PANDEY @ VIVEK PANDEY v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1697/2025 · 2025-12-01

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1697 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash the charge sheet dated 30.07.2025 and impugned summoning order dated 11.09.2025 in Special Session Trial No.25 of 2025, (State vs. Jayhind Yadav and ors) arising out of FIR No.155 of 2025, under Sections 126(2), 115(2), 352, 351 (3), BNS and Section 3 (1), (Da), (dha), SC/ST Act, Police Station Motigarpur, District Sultanpur. 3. At the very outset, counsel for the applicant states that the offence is punishable upto seven years and applicant will apply for bail. However, he has submitted that the applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (AIR 2022 SC 3386). 4. Accordingly, the application is disposed of with a direction to the court below that if the applicant appears and applies for bail before the court below within 30 days from today, his prayer for bail shall be considered and decided expeditiously in accordance with law. 5. For a period of 30 days from today or till the applicant applies for bail, whichever is earlier, the applicant shall not be arrested in the aforesaid case. December 1, 2025 Pks Versus Counsel for Applicant(s) : Supriya Tiwari, Priyam Mishra, Ravindra Kumar Mishra Counsel for Opposite Party(s) : G.A. (Rajeev Singh,J.) Vivek Kumar Pandey @ Vivek Pandey .....Applicant(s) State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench