BHONU ALIAS NITISH RAJBHAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5013/2025 · 2025-08-20
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17971 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17971 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143605 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5013 of 2025 Applicant :- Bhonu Alias Nitish Rajbhar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. representing State-opposite party No. 1 and perused the record on Board. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire criminal proceeding including the charge sheet dated 28.04.2017 and cognizance/summoning order dated 5.3.2018 in Case No.1400 of 2018, arising out of Case Crime No. 221 of 2021, under Sections 147, 148, 354(A), 452, 323, 504, 506 and 427 IPC, Police Station Saraimeer, District Azamgarh, pending before the court of Chief Judicial Magistrate, Azamgarh. 3. As per FIR version, on the date of occurrence of offence, i.e., 3.10.2016 at about 8.00 hours, while the first informant along with her daughter and daughter-in-law was going to agricultural field, all the accused have molested and assaulted them. While the first informant entered the house, they barged into the house and beaten her up. 4. After due deliberations at length, learned counsel for the applicants has submitted that he is not pursuing the instant application on merits. He has further submitted that the present applicants are willing and ready to co-operate with the courts below and participate in the court proceedings provided some interim protection may be granted to them. It is next submitted that the present applicants have never intended to ignore the court proceedings. 5. Learned AGA has no objection if interim protection is granted to the present applicants to enable them to appear before the court below. 6.
In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that the present applicants, in case, appear/surrender and move a bail application before the court below within a period of four weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned in accordance with law expeditiously, preferably, within a period of four weeks thereafter. 7. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants. 8. As such, instant application is finally disposed of. Order Date :- 21.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad