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2025 DAILYLAW 29978 (ALL)

RAJIV KUMAR YADAV v. STATE OF U.P. AND ANOTHER

NA528/8708/2025 · 2025-03-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39591 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8708 of 2025 Applicant :- Rajiv Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Narayan Mishra 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 and perused the record. 2. This application has been filed by the applicant to quash/stay the charge sheet no. 126 of 2023 dated 18.05.2023 as well as entire proceeding of Case no. 11977 of 2024 (State vs. Anurag Dwivedi and others) arising out of Case Crime no. 237 of 2022 under Section 3/7 Essential Commodities Act, Police Station- Shivali, District- Kanpur Dehat pending before the court of learned Additional Chief Judicial Magistrate, Court no. 1, Kanpur Dehat alongwith summoning order dated 27.06.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Kanpur Dehat. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of one month from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application under Section 528 BNSS stands disposed of. Order Date :- 19.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad