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2025 DAILYLAW 192892 (ALL)

LALLAN SINGH v. STATE OF U.P. AND ANOTHER

NA528/38743/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38743 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicants and the learned AGA for the State and perused the record. 2. This application under Section 528 BNSS has been filed with the prayer to quash the charge-sheet as well as the entire proceedings of Case No.2154 of 2015 arising out of Case Crime No.254 of 2015 under Sections 60 (2), 63/69 (kha) Excise Act, Police Station- Sarai Lakhansi, District- Mau pending in the Court of A.C.J.M./ F.T.C., Mau. Further prayer has been made to stay the proceedings of the aforesaid case. 3. It is submitted by the learned counsel of the applicant that the FIR has been lodged on false grounds while the applicant has not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute the offences alleged are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of his contention. 4. Learned AGA has vehemently opposed the prayer. It is submitted that charge sheet in this matter was filed in the year 2015 and cognizance was taken and since then the accused applicant is not appearing. 5. Per contra, learned counsel for the applicant made a statement that after submission of the charge sheet no process was served upon accused applicant and still only an order to issue bailable warrant against the him is effective. In the last, learned counsel for the applicant has urged that direction for expeditious disposal of the bail application of the applicant be given. 6. Hence, it is observed that in case the applicant surrenders before the court Versus Counsel for Applicant(s) : Anil Kumar Pandey, Manish Kumar Pandey Counsel for Opposite Party(s) : G.A. Lallan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) concerned and apply for bail within thirty days from today, the same shall be considered and decided by the Court concerned in accordance with law. For a period of thirty days from today, no coercive action shall be taken against the applicant. 7. It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned. 8. With the above observations, the application stands disposed of. October 14, 2025 Fhd NA528 No. 38743 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad