Neutral Citation No. - 2025:AHC:33109 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5467 of 2025 Applicant :- Doly Alias Yogendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shishir Kumar Tiwari, learned counsel for the applicants as well as Sri Jyoti Kumar Singh, for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicants challenging the summoning order dated 04.03.2024 as well as charge-sheet dated 31.12.2023 in Criminal Case No. 1673 of 2024 in (State Vs. Doly @ Yogendra & Others) arising out of case crime No. 295 of 2023 U/s 323, 504 & 506 I.P.C. at Police Station- Dankaur, District- Gautam Buddh Nagar, pending in the Court of Additional Chief Judicial Magistrate Gautam Buddh Nagar. 3. Learned counsel for the applicants submits that a first information report stood lodged on 12.12.2023, under Sections 323, 504, 506 IPC being No. 0295 by the opposite party no.2 against Mahendra, Raju and Doly relatable to the commission of the offences on 11.12.2023 whereby the uncle of the opposite party no.2 along with his son had gone to the agricultural field for irrigation purpose then the applicants who had been marked as accused in the first information report acted as the gang and thereafter with the help of wooden stick and cuddle administered beating and the uncle of the opposite party no.2 Satish sustained as many as nine injuries and with respect to injury no.1,5,6,7 the same were self and radio-logical examination and while inviting attention towards page 31 of the paper book which is being sought to be contended that the same was found to be normal. He further submits that so far as the involvement of the applicant no.2 is concerned, the same stood surfaced in the statement of injured Satish. He also submits that there happens to be proceedings initiated under Section 116 of the U.P. Revenue Code, 2006 before the Sub-Divisional Officer by the father of the applicant no.1 and just in order to wriggle out from the same, the criminality is being sought to be inflicted. He next submits that the applicants have been falsely implicated in the case. 4. Learned AGA on the other hand submits that what is to be seen is the fact as to whether any offence has been committed or not with relation to the first information report as well as the medical report itself. He further submits that offences are made out. 5. Having heard the arguments made across the bar the basic question which arises for consideration is extent of interference in the present proceedings at this stage. Apparently FIR itself attributes criminality upon the applicants no.1 and other co- accused and so far as the applicant no.2 is concerned his name stood surfaced in the statement of the injured. One thing is to be bear in mind that the FIR has not been lodged by the injured itself. Importantly, there happens to be injury report which shows that as many as nine injuries were sustained to injured Satish. Thus, interference is declined and the application is consigned to record. 6. Learned counsel for the applicants seeks direction for bail. 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 :- 7.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad