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2025 DAILYLAW 31183 (ALL)

PRADEEP PAL v. STATE OF U.P. AND ANOTHER

NA528/9394/2025 · 2025-05-21

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87280 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 9394 of 2025 Applicant :- Pradeep Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Karan Patel Counsel for Opposite Party :- G.A.,Rajendra Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Raj Karan Patel, learned counsel for the applicant, Sri Amit Singh Chauhan, learned AGA-I for the State, Sri Rajendra Kumar Singh, learned counsel for O.P. No. 2 and perused the record. This application has been filed by the applicant to quash the charge-sheet dated 04.11.2024, cognizance order dated 17.12.2024 passed by Special Judge, SC/ST Act, District Jaunpur in S.S.T. No. 382 of 2024, State v. Dharmendra Yadav & others, arising out of Case Crime No. 350 of 2024, under Sections 115(2), 352 B.N.S. & Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Badshahpur, District Jaunpur. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submissions, requesting to grant some protection to the applicant to surrender before the concerned court below. He further submits at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously. With respect to the said relief, he has also averred in paragraph-4 of the supplementary affidavit dated 14.05.2025. Learned counsel for the opposite parties submit that in case the applicant does not press the relief as sought for by him on merits and wants to surrender before the concerned court below, they have no objection in granting protection to him for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned court below within three weeks. On receiving the surrender application, the court concerned shall obtain instructions from the Public Prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application. On the date fixed by the court concerned, the applicant will have liberty to prefer a bail application and a copy of the same shall be provided to the Public Prosecutor. In case, any such bail application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, in accordance with law and 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, (2021) 10 SCC 773. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant. In case the applicant does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant as required under the law. With the above observations and directions, this application is disposed of. Order Date :- 22.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad