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2025 DAILYLAW 30389 (ALL)

ARJUN KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8874/2025 · 2025-03-18

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39526 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8874 of 2025 Applicant :- Arjun Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ronak Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ronak Chaturvedi, learned counsel for the applicants, Sri Bhuvnesh Kumar Singh, learned counsel for the opposite party no. 2 and Sri Puspraj Singh, brief holder for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the order dated 13.02.2025 passed by Sessions Judge, Bijnor in Session Trial No. 2280 of 2024 (State Vs. Arjun and others), arising out of Case Crime No. 391 of 2022, under Sections 147, 148, 307, 325, 336, 352, 149 I.P.C., P.S. Noorpur, District Bijnor, whereby the order has been passed for framing charge in addition to offence punishable under Section 307/149 of I.P.C. After some argument, the learned counsel for the applicants does not want to press the prayer for stay the further proceedings of the aforesaid case as well as effect and operation of the order dated 13.02.2025. Accordingly, the prayer for stay the effect and operation of the order dated 13.02.2025 as well as further proceedings of the aforesaid case are dismissed as not pressed. Learned counsel for the applicant, however, submits that the applicants no. 2 to 5 released on bail under Sections 147, 148, 325, 336, 352, 149 of I.P.C. earlier. Considering the submissions of learned counsel for the applicant and perusing the pre summoning evidence, the instant application u/s 528 BNSS is finally disposed of with a direction that in case applicant appears before the court below within two weeks from today, he should be released under Section 307/149 I.P.C. also on the basis of bail bonds filed by the applicants no. 2 to 5 earlier. The present application is accordingly, disposed of. Order Date :- 19.3.2025/Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad