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2025 DAILYLAW 33746 (ALL)

VIPNESH KUMAR v. STATE OF U.P. AND ANOTHER

NA528/10373/2025 · 2025-05-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86357 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10373 of 2025 Applicant :- Vipnesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Umar Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants 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 19.09.2024 and cognizance & summoning order dated 03.12.2024 passed by learned Judicial Magistrate, Kanpur Nagar, along with further proceeding of Case Crime no. 48 of 2024 (States vs. Vipnesh Kumar) pending in court of learned Judicial Magistrate, Court no. 1, Kanpur Nagar arising out of Case Crime no. 48 of 2024 under Section 4/13 Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, PS- Collector Gange, District Kanpur Nagar. 3. At the very outset, 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 stands disposed of. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad