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2025 DAILYLAW 2529 (ALL)

RAMCHARAN @ GOLU v. STATE OF U.P. AND ANOTHER

NA528/35538/2025 · 2026-04-22

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35538 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard Sri Suneel Kumar Yadav, learned Counsel for the applicant, Sri, Prince Kumar, Advocate holding brief of Sri Janardan Yadav, learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 582 B.N.S.S. has been filed by the applicant to quash the entire proceeding of impugned cognizance/summoning order dated 08.07.2025, passed by Judicial Magistrate Court No. 22 Azamgarh as well as charge sheet dated 29.01.2025 in Case Crime No. 0464 of 2024, under Sections 504, 506, 306 IPC (State Vs. Ramcharan @ Golu), Police Station- Jiyanpur, District Azamgarh, pending in the court of Judicial Magistrate, Court No. 22, Azamgarh. 3. After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application before the Trial Court and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance with law. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within one month from today and in Versus Counsel for Applicant(s) : Suneel Kumar Yadav Counsel for Opposite Party(s) : G.A., Janardan Yadav Ramcharan @ Golu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) case, he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the Trial Court in accordance with law, after hearing the informant, 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. 6. It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law. 7. Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case. 8. In case, applicant fails to surrender before the Trial Court within the stipulated period of thirty days, he will not get benefit of this order. 9. Therefore, the applicant is may move his discharge application and in case any such application is being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order. 10. With above directions this application stands disposed of. April 23, 2026 Nisha NA528 No. 35538 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad