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2025 DAILYLAW 193768 (ALL)

SMT. YATHA AGARWAL v. STATE OF U.P. AND ANOTHER

NA528/26260/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26260 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and Sri Rajesh Kumar Singh, learned counsel appearing on behalf of opposite party no.2 as well learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 31.01.2025 along with cognizance/summoning order dated 29.03.2025 and entire proceeding of Case No.8452 of 2025 (State Vs. Yatha Agarwal and another), arising out of Case Crime No.214 of 2024, under Sections 115(2), 352, 351(2), P.S. Kamla Nagar, District Agra, pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Agra. 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 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 applicant has submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. Versus Counsel for Applicant(s) : Hitesh Pachori Counsel for Opposite Party(s) : G.A., Rajesh Kumar Singh Smt. Yatha Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of four weeks from today and applies for bail, her 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 applicant herein in pursuance of aforesaid case. October 17, 2025 Vivek Kr. NA528 No. 26260 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad