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2025 DAILYLAW 3072 (ALL)

LAKHAMI SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/35154/2025 · 2026-05-04

Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35154 of 2025 Court No. - 83 HON'BLE SANJIV KUMAR, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application under Section 528 BNSS has been filed by the applicants to quash entire proceeding of Case No.58212 of 2023 (State Vs. Lakhami Singh & others) arising out of Case Crime No.691 of 2022, under Sections 323, 504, 506 and 325 I.P.C., Police Station Qwarsi, District Aligarh as well as charge-sheet dated 31.08.2022 as well as summoning order dated 18.11.2023. 3. Learned counsel for the applicants stated that he is not pressing any other prayer made in this application on merits and prayed that, at the outset, a direction may be issued to the concerned Trial Court to consider and decide the bail application of the applicants expeditiously. 4. Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned Trial Court, he has no objection in granting protection to them for a short period. 5. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned Trial Court within one month from today and in case, they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the Trial Court in accordance with law, Versus Counsel for Applicant(s) : Devendra Kumar Singh, Satyawati Counsel for Opposite Party(s) : Radhey Shyam Tripathi, G.A. Lakhami Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) after hearing the informant, keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. 6. For the period of one month from today or till the time of surrender of the applicants before the concerned trial court, whichever is earlier, applicants shall not be arrested in the above case. 7. With the above observations and directions, this application under Section 528 BNSS is disposed of. May 5, 2026 Amit NA528 No. 35154 of 2025 2 (Sanjiv Kumar,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad