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Neutral Citation No. - 2025:AHC:62461 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5638 of 2025 Applicant :- Neeraj And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meva Lal Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Supplementary affidavit filed by learned counsel for the applicants in Court today, is taken on record. Office is directed to register the same.
Learned counsel for the applicants is permitted to carry out necessary correction in the prayer clause during the course of the day. Heard Mr. Meva Lal Yadav, learned counsel for the applicants and learned A.G.A. for the State and perused the record. The instant application has been filed for quashing the charge sheet no.88 of 2024 dated 25.02.2024 as well as impugned cognizance/summoning order dated 03.07.2024 and the entire proceeding of Case No.823 of 2024 (State Vs. Neeraj and others), arising out of Case Crime No.673 of 2023, under Sections 147, 148, 149, 323, 504, 506, 341, 325, 308 I.P.C., P.S. Harduaganj, District-Aligarh, pending in the Court of learned District & Sessions Judge, Aligarh. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission and requesting to grant some protection to the applicants to surrender before the concerned court below. The same has been averred in paragraph nos.4 & 5 of the supplementary affidavit filed today. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to
surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall file a surrender application before the concerned Court below within two weeks. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application. On the date fixed by the Court concerned, the applicants will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law.
For the period of two weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed off.
Order Date :- 24.4.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad