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2025 DAILYLAW 22008 (ALL)

SMT. NIMMI v. STATE OF U.P. AND ANOTHER

NA528/7086/2025 · 2025-07-28

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:126028 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7086 of 2025 Applicant :- Smt. Nimmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Chandel Counsel for Opposite Party :- G.A.,Rateesh Singh Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant, Sri Rateesh Singh, learned counsel for the opposite party no.2 and learned AGA for the State-respondent. 2. This application has been filed by applicant for quashing the impugned summoning order dated 20.1.2025 passed by Additional Session Judge/FTC First, Hathras in Session Trial No.453 of 2022, State Vs. Smt. Usha and others, arising out of Case Crime No.456 of 2019, under Sections 498-A, 304-B I.P.C., Police Station Dhaulana, District Hapur. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 6. The application is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 29.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad