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2025 DAILYLAW 36401 (ALL)

SHAHISTA AND 2 OTHERS v. STATE OF U.P.AND ANOTHER

NA528/10917/2025 · 2025-04-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48776 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10917 of 2025 Applicant :- Shahista And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajiv Sisodia,Shashank Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 444 of 2023 dated 20.09.2023 and summoning order dated 10.04.2024 arising out of Case Crime No. 249 of 2023 (State of U.P. vs. Shuieb and others), under sections 34, 147, 307, 352, 506, 323 IPC and Section 7 of Criminal Law Amendment Act, P.S. Najibabad, District-Bijnor pending in the learned Court of Chief Judicial Magistrate, Bijnor as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicants 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 applicants surrender before it and apply for bail, their bail applications 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 applicants surrender before the court concerned within a period of one month from today and apply for bail, their bail applications 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 applicants herein. Order Date :- 5.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad