KHALIL AHAMAD AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4321/2025 · 2025-02-27
Vikas Budhwar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 17881 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17881 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:28451 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4321 of 2025 Applicant :- Khalil Ahamad And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manjeet Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri D.M. Tripathi holding brief of Sri Manjeet Kumar,
learned counsel for the applicants and Sri B.S. Kushwaha, learned AGA for the State.
2. This is an application under Section 528 of BNSS filed for quashing the charge sheet No. 278 of 2024 dated 24.12.2024 as well as cognizance order dated 21.01.2025, in Criminal Case No. 674 of 2025 (State Vs. Khalil Ahmad & others), CNR No. UPBJ040010612025 arising out of Case Crime No. 305 of 2024, under Sections 115(2), 352, 351(2), 351(3), 191(2), 352(4), 324(5), 191(3), 333, 3(5), 109(1) of BNS, P.S. Haldaur, District Bijnor.
3. Learned counsel for the applicants submits that a first information report stood lodged against the applicants under Sections 115(2), 352, 351(2), 351(3), 191(2), 324(4), 324(5) relatable to the commission of offence on 27.10.2024 wherein the allegation is that three injured sustained injury. Learned counsel for the applicants submits that with respect to the same incident, the applicants faction also sustained injuries which are with respect to four persons. He submits that only general allegations have been sought to be levelled in the first information report.
4. 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
5. I have heard the learned counsel for the parties and perused the record.
6. 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.
7. 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 :- 28.2.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad