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2025 DAILYLAW 200164 (ALL)

HARSH GUPTA v. STATE OF U.P. AND ANOTHER

NA528/26656/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26656 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and Sri Virendra Singh, learned counsel for opposite party no.2 as well as learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of cognizance/summoning order dated 06.05.2024 and entire proceeding of Criminal Case No.5919 of 2024, arising out of Case Crime No.54 of 2024, under Sections 147, 148, 308, 325, 427 IPC, P.S. Dibai, District Bulandshahar, pending in the court of learned Chief Judicial Magistrate, Bulandshahar. 3. On perusal of the narration of FIR as well as impugned order and chargesheet along with injury report, 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 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 counsel for opposite party no.2 as well as learned AGA have 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 applicant surrenders before the court concerned within a period of four weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Versus Counsel for Applicant(s) : Gautam Counsel for Opposite Party(s) : G.A., Virendra Singh Harsh Gupta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 14, 2025 Vivek Kr. NA528 No. 26656 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad