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Neutral Citation No. - 2025:AHC:73977 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12803 of 2025 Applicant :- Shyam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kant Dixit Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri S.K. Dixit, learned counsel for the applicant and Sri S.K. Singh, learned A.G.A., who appears for the State.
3. Though the application under Section 528 BNSS has been preferred by the applicant for quashing the impugned summoning order dated 20.06.2023 passed by the court of learned Civil Judge (J.D.)/J.M. Jalaun as well as the proceeding under Section 82 of Cr.P.C. against the applicant in Complaint Case no. 1657 of 2020 (Arun Kumar vs. Shyam Singh) under section 138 N.I. Act but the learned counsel for the applicant has confined the relief only for a direction for consideration of the bail application before the court below with expedition.
4. Learned A.G.A. has no objection to the same.
5. Considering the submissions so made across the Bar and the application stands
disposed of directing the applicant to surrender and apply for bail by 30.05.2025 and on the said motion the court below shall consider the same, strictly in accordance with the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51.
5. Till the disposal of the bail application, no coercive action shall be taken against the applicant with respect to the order dated 20.06.2023 passed by the court of learned Civil Judge (J.D.)/J.M. Jalaun as well as the proceeding under Section 82 of Cr.P.C. against the applicant in Complaint Case no. 1657 of 2020 (Arun Kumar vs. Shyam Singh) under section 138 N.I. Act.
7. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.
Order Date :- 7.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad