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2025 DAILYLAW 30100 (ALL)

CHETAN SHARMA v. STATE OF U.P. AND 3 OTHERS

NA528/12023/2025 · 2025-09-07

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 12023 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Learned counsel for the opposite party no.2 has filed counter affidavit, which is taken on record. 2. Heard Sri Ram Brij Napit, learned counsel for the applicant, Sri Anurag Kumar Pandey, learned counsel appears for the opposite party no.2 and learned A.G.A. for the State. 3. The instant application under Section 528 B.N.S.S. has been moved with a prayer to quash the charge sheet no.225 of 2024, dated 16.6.2024 and summoning order dated 5.8.2024 as well as entire criminal proceedings of Case Crime No.78 of 2024, under Sections 376(2) (n), 384, 506 IPC and Section 5L/6 of POCSO Act, Police Station Vrindavan. District Mathura. 4. Learned AGA accepts the notice for the State. 5. There is no merit in the case as the applicant is evading arrest. Hence, the application u/s 528 is dismissed. 6. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the bail application, hence, the accused-applicant shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, he should appear before the trial court and apply for bail within 45 days from the date of this order. The bail application is to be disposed of considering the principles of law Versus Counsel for Applicant(s) : Ram Brij Napit Counsel for Opposite Party(s) : Anurag Kumar Pandey, G.A. Chetan Sharma .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that the accused-applicant has not been arrested during investigation. September 8, 2025 Mini NA528 No. 12023 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad