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Neutral Citation No. - 2025:AHC:57166 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12427 of 2025 Applicant :- Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nidhi Agarwal,Ruksana Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. At the very outset, learned counsel for the applicant submitted that at the time of institution of instant application one section wherein cognizance of offence has been taken up by learned court concerned has been left to be mentioned in prayer clause, which is typographical error and as such the same may be permitted to incorporate.
2. Prayer as made is allowed. Necessary incorporation shall be carried out during course of the day.
3. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
4. This application has been filed by the applicant to quash the impugned
charge
sheet
dated
04.12.2023
and cognizance/summoning order dated 31.05.2024 as well as the entire proceedings of Case no. 656/2024 (State vs. Brijraj Singh and others) pending in the court of learned Civil Judge (Junior Division) Kulpahar, Mahoba arising out of Case Crime no. 217 of 2023 under sections 379 and 411 IPC, Section 4/10 of Uttar Pradesh Protection of Trees in Rural and Hill areas Act, 1976 and Section 2/3 of Prevention of Damage to Public Property Act, 1984, PS- Kulpahar, District Mahoba.
5. 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.
6. Learned AGA has no objection to the prayer so made.
7. 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).
8. For a period of one month from today, no coercive action shall be taken against the applicant.
9. 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.
10. With the above direction, the instant application under Section 528 BNSS stands disposed of.
Order Date :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad