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2025 DAILYLAW 32036 (ALL)

PREM CHANDRA PAL v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOMES, LUCKNOW AND ANOTHER

NA528/9183/2025 · 2025-03-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42129 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9183 of 2025 Applicant :- Prem Chandra Pal Opposite Party :- State Of U.P. Through Principal Secretary, Department Of Homes, Lucknow And Another Counsel for Applicant :- Ritesh Srivastava,Shweta Singh 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 against the charge sheet no. 01 dated 01.08.2023 and the entire proceedings arising out of F.I.R./Case Crime no. 0150 of 2023 under Section 379 of the Indian Penal Code, 4 & 21 of the Mines and Minerals (Development and Regulation) Act, 1957, and 3(1), 58 & 72(1) of the Uttar Pradesh Minor Minerals (Concession) Rules, 2021, Police Station - Pipari, District- Kaushambi and the order dated 14.08.2024 passed by learned court of Chief Judicial Magistrate, Kaushambi in Case no. 3244/2024 (State vs. Prem Chandra and others) whereby cognizance of the offence punishable under Section 379 of IPC has been taken up by learned court and summons have been issued against the applicant. 3. After some argument, 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 one month 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 one month 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 :- 21.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad