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2025 DAILYLAW 29626 (ALL)

ANUVESH SINGH v. STATE OF U.P. AND ANOTHER

NA528/9430/2025 · 2025-03-23

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43109 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9430 of 2025 Applicant :- Anuvesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Singh,Rohit Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 19.11.2022 and cognizance/summoning order dated 19.09.2023 as well as the entire proceedings of Criminal Case No. 107496 of 2023 (State vs. Sanjai Kumar Singh) arising out of Case Crime No. 272 of 2022, under sections 420, 336 I.P.C. and Section 15(2)(B) of Indian Medical Council Act, P.S. Cholapur, District-Varanasi, pending in the court of learned Additional Chief Judicial Magistrate, Varanasi/court concerned as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of one month from today and apply for bail, his bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein. Order Date :- 24.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad