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2025 DAILYLAW 190777 (ALL)

MOOL CHANDRA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22582/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22582 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 23.09.2024 along with cognizance order dated 15.05.2025 and entire proceeding of Case No.418 of 2025 (State Vs. Mool Chandra and others), arising out of Case Crime No.141 of 2024, under Sections 74, 333, 115(2), 324(2), 191(3) BNS, P.S. Jalalpur, District Hamirpur, pending in the court of learned Civil Judge (J.D.)/ Judicial Magistrate, Rath, Hamirpur. 3. On perusal of the narration of FIR as well as impugned order and chargesheet, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with chargesheet and entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of four weeks from today and Versus Counsel for Applicant(s) : Arvind Singh Parmar, Virendra Singh Parmar Counsel for Opposite Party(s) : Arvind Kumar Maurya, G.A., Sudhindra Kumar Mishra Mool Chandra And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. 8. It is also made clear that if the bail are granted to applicants by learned court concerned, applicant nos.5 and 6, who are lady, will be at liberty to put their appearance before learned court concerned through their counsel during course of trial. October 7, 2025 Vivek Kr. NA528 No. 22582 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad