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2025 DAILYLAW 200718 (ALL)

SMT DURGESH DEVI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/40083/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40083 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the entire proceeding of Session Trial No.180 of 2023 (State vs. Durgesh Devi and others), arising out of Case Crime No.398 of 2022, under Sections 323, 504, 506, 354 Kha I.P.C. & Section 3(1)Da, Dha of S.C./S.T. Act, P.S. Dakshin District Firozabad. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. Versus Counsel for Applicant(s) : Ajay Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Smt Durgesh Devi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 15, 2025 SKD NA528 No. 40083 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad