RAJ BAHADUR ALIAS GULKAI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7253/2025 · 2025-03-04
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25506 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31224 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7253 of 2025 Applicant :- Raj Bahadur Alias Gulkai And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Pt. S.P. Sharma, learned counsel for the applicants who are three in number as well as Sri Muniraj Mehrotra, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.C. has been filed by the applicants to quash the entire proceedings of Sessions Case No. 277 of 2025 (State Vs. Raj Bahadur and others), arising out of Case Crime no. 143 of 2024, under Sections 333, 191(2), 191(3), 190, 115(2), 352, 351(3), 324(2) of the B.N.S.S. and Section 3(2) 5Ka, 3(1) Da, 3(1) Dha of SC/ST (PA) Act, Police Station- Garautha, District Jhansi, pending before the court of Special Judge SC/ST (PA) Act, Jhansi. 3. Learned counsel for the applicants has submitted that a first information report stood lodged against the applicants under Sections 333, 191(2), 191(3), 190, 115(2), 352, 351(3), 324(2) of the B.N.S.S. and Section 3(2) 5Ka, 3(1) Da, 3(1) Dha of SC/ST (PA) Act, Police Station- Garautha, District Jhansi, with an allegation that the applicants committed Marpeet with the informant and his family members. 4. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. 5. Learned AGA on the other hand submits that from the perusal of the injury report which is at page 40 onwards, injuries have been sustained by the injured/ informant faction. 6. I have heard the learned counsel for the parties and perused the record. 7. The Court is of the opinion that cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record. 8. 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. 9.
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 :- 5.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad