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2025 DAILYLAW 200941 (ALL)

DR. HARISHARAN PRAJAPATI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/34146/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34146 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 applicant to quash the Charge Sheet No.01 of 2025 dated 12.07.2025 and cognizance order dated 12.08.2025 as well as entire proceedings of S.S.T. No.59 of 2025 (State Vs. Dr. Harisharan Prajapati and another), arising out of Case Crime No.73 of 2025, under Sections 115(2), 351(3), 352 of B.N.S. and Section 3(2)(va) of SC/ST Act, Police Station Madhaugarh, District Jalaun, pending in the court of Additional District and Session Judge/Special Judge (SC/ST) Act, Jalaun at Orai. 3. On the matter being taken up, learned counsel for the applicants has 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 applicant, it is directed that applicants shall surrender before the concerned Court below Versus Counsel for Applicant(s) : Kamal Singh Counsel for Opposite Party(s) : G.A. Dr. Harisharan Prajapati And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) within three weeks from today and in case apply 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. 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 of B.N.S.S. stands disposed of. October 15, 2025 Mini NA528 No. 34146 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad