MAHENDRA KUMAR RAI ALIAS MAHENDRA KUMAR PANDEY v. STATE OF U.P. AND ANOTHER
NA528/11993/2025 · 2025-04-10
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39720 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39720 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54198 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11993 of 2025 Applicant :- Mahendra Kumar Rai Alias Mahendra Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Singh,Ram Chandra Solanki 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 to quash the charge sheet dated 27.12.2022, summoning order dated 13.01.2023 as well as entire proceeding in Case no. 64 of 2023 (State vs. Mahendra Kumar) arising out of Case Crime no. 1682 of 2018 u/s 420 IPC and Section 66 IT Act, PS- Face-3, District- Gautam Budh Nagar, pending in the court of learned Civil Judge (S.D.)/F.T.C., Gautam Budh 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 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 :- 11.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad