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2025 DAILYLAW 19809 (ALL)

PRABAL KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5513/2025 · 2025-03-06

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33303 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5513 of 2025 Applicant :- Prabal Kumar and another Opposite Party :- State of U.P. and another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ajay Dwivedi, learned counsel for the applicants Sri B.S. Kushwaha, learned AGA for the State. 2. This is an application under Section 528 of BNSS preferred for quashing the entire proceedings and charge sheet dated 24.09.2024 in Case Crime No. 96 of 2024, under Sections 147, 323, 325, 452, 504, 506 IPC, P.S. Araon, District Firozabad, pending as State Vs. Prabal Kumar and others. 3. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants with an allegation that on the Holy Festival, 25.03.2024 at 4:00 in the evening the applicant along with others acted as gang and barged into the house of the opposite party No. 2 pursuant whereto with the help of paddle wooden stick and hard and blunt objects, injuries were extended to Rubi, Shivansh, Shivam and Pushpendra. Learned counsel for the applicants submits that the applicants are appearing in competitive examination and, in case, interim protection is not accorded they will suffer a lot. 4. Learned AGA, on the other hand, submits that once injury report is available on record and offences are made out in the first information report then merely because the applicant is appearing in competitive examination would not be a relevant factor germane to grant relief to the applicants. 5. Heaving heard the arguments made across the bar, I am of the opinion that the applicants are not entitled to any relief since there happens to be an FIR which contains allegations which shows commission of offences and injury report is also available. 6. So far as the reliance placed upon the affidavits are concerned, the same cannot be gone into at this stage. 6. Accordingly, interference is declined and the application is consigned to record. 7. Learned counsel for the applicants seeks direction for consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 8. 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 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad