JAY PRAKASH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6151/2025 · 2025-05-12
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22711 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22711 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78529 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6151 of 2025 Applicant :- Jay Prakash And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application has been filed by the applicants with a prayer to quash the charge sheet no.259 of 2023, dated 04.10.2023 and cognizance order dated 24.12.2024 as well as the entire proceedings in Case No.1962 of 2024 (State vs. Jay Prakash and others), arising out of Case Crime No.422 of 2024, under Sections 323, 504, 354Kha, 452, 506 IPC, Police Station-Handia, District- Prayagraj, pending before the court of Additional Chief Judicial Magistrate, Court No.8, Prayagraj. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. In para 3&4 of the supplementary affidavit, learned counsel for the applicants 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 courts 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 the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with
law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.
For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicants. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, this application is
disposed of.
Order Date :- 13.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad