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Neutral Citation No. - 2025:AHC:45373 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9567 of 2025 Applicant :- Smt. Bindu Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gunjan Dwivedi,Shri Prakash Dwivedi 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.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 15.12.2021 and the entire proceedings of Case No.27 of 2022 (State vs. Bindu Devi) arising out of Case Crime No.0146 of 2021, under sections 3/7 of Essential Commodities Act, P.S. Haliya, District- Mirzapur, pending in the court of learned Additional Chief Judicial Magistrate 1st, Mirzapur as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, her bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for the respondents have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of one month from today and apply for bail, her bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein.
Order Date :- 2.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad