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2025 DAILYLAW 23412 (ALL)

ABHISHEK AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6394/2025 · 2025-03-05

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32744 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6394 of 2025 Applicant :- Abhishek And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Kashi Naresh Mishra, learned counsel for the applicants, as well as Sri Moti Lal, learned AGA for the State. 2. This is an application under Section 528 of BNSS filed for quashing the charge sheet No.162/2022 dated 29.10.2023 and cognizance order dated 4.03.2023 of Criminal Case No. 34 of 2023 (new case no.12864 of 2023) arising out of case crime no.198 of 2022, under Sections 147, 148, 323, 325, 452, 504, 506 IPC P.S. Barla District Aligarh pending in the Court of Judicial Magistrate-II, Aligarh. 3. Learned counsel for the applicant submits that though the first information report stood lodged on 07.10.2022 under Sections 147, 148, 307, 452, 323, 504, 506 IPC FIR No. 198 of 2022 against the applicants and one another with the allegations that on 6.10.2022 when the opposite party no.2 was returning after purchasing milk then the applicants attacked in a gang pursuant to which Mahaveer, Rajkumar, Navratan, Pushpendra, Ms. Rajani, Ms. Saroj sustained injuries. However, so far as Mahaveer is concerned, he was sent for radiological examination wherein supplementary report shows that there was a fracture in scaplarid bone. Learned counsel for the applicants submits that the applicants and the opposite party belong to same family and it was on account of certain discord that the said incident occurred. 4. Learned AGA submits that once the narration of the allegations contained in the FIR coupled with the medical report which shows extension of injuries to the injured then the offences are made out. 5. Having heard the arguments made across the bar, I am of the opinion that no interference is warranted particularly when offences are made out from the FIR and there happens to be injury as noticed above. Whatever might be the arguments, defence, the stage is not yet arrived as defences are to be dealt with when the trial commences and not at this stage. 6. Thus, interference is declined and the application is consigned to record. 7. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 6.3.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad