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2025 DAILYLAW 191766 (ALL)

SHOBHARAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26691/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26691 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned A.G.A. for State. 2. The present application has been filed for seeking quashing of charge- sheet dated 31.01.2025 along with cognizance/summoning order dated 29.03.2025 and the entire proceeding of Case No.1682 of 2025 (State Vs. Shobharam and others), arising out of Case Crime No.13 of 2025, under sections 333, 115(2), 351(2), 352 BNS, P.S. Raipura, District- Chitrakoot, pending in the court of learned Judicial Magistrate-I, Chitrakoot. 3. On perusal of the narration of FIR as well as impugned order and charge- sheet, 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 charge-sheet 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 submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail. He has also submitted that applicant no.1 is a senior citizen, aged about 70 years, suffering from old age ailments and applicant no.4 is a lady carrying an infant of seven months with her, hence they may be permitted to appear before learned court concerned through counsel, 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 Versus Counsel for Applicant(s) : Dev Prakash Singh Counsel for Opposite Party(s) : G.A. Shobharam And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) before the court concerned within a period of four weeks from today and 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. So far as applicant nos.1 and 4 are concerned, they are permitted to appear before learned court concerned through counsel. October 14, 2025 Saif NA528 No. 26691 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad