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Neutral Citation No. - 2025:AHC:68243 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9304 of 2025 Applicant :- Jitendra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Lal Bahadur,Ram Sajiwan Prajapati 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 the impugned charge sheet dated 30.03.2022 as well as summoning
order dated 17.07.2023 passed by Additional District and Sessions Judge, Court no. 4, Moradabad in Session Case no. 447 of 2023 (State vs. Jitendra Yadav) in arising out of Case Crime no. 1189 of 2020 under Section 135 Electricity Act, PS- Anti-Power Theft, Moradabad and also entire proceeding of the case which is pending before learned Special Judge/Additional District Judge, Court no. 4, Moradabad.
3. After some arguments, 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 three weeks 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 three weeks 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 :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad