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2025 DAILYLAW 29286 (ALL)

AMINDAR SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8257/2025 · 2025-09-09

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8257 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed to quash the entire criminal proceeding arising out of charge sheet dated 07.07.2023 filed in case crime no.0235 of 2023, u/s 323, 504, 506, 452 I.P.C. at police station Ahirauli Bazar, District Kushinagar as well as cognizance order dated 09.11.2023 in case No.8936 of 2023 (State Vs. Aminadar Sharma and others) passed by Judicial Magistrate Kasya Kushinagar. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly, the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Versus Counsel for Applicant(s) : Kamalesh Singh Counsel for Opposite Party(s) : G.A. Amindar Sharma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. September 10, 2025 Aditya NA528 No. 8257 of 2025 2 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad