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2025 DAILYLAW 43549 (ALL)

SHASHIKALA SINGH v. STATE OF U.P. AND ANOTHER

NA528/12990/2025 · 2025-04-17

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57391 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12990 of 2025 Applicant :- Shashikala Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Dubey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J 1. Heard Sri Ram Krishna Dubey learned counsel for the applicant as well as Sri V.S. Kushwaha, learned AGA for the State/opposite party no.1. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to allow the application in the Complaint No. 7586 of 2022, (Shiv Shankar Yadav vs. Shashikala Singh), under Section 138 of the N.I. Act, Police Station- Bhadohi, District Bhadohi, pending before the court of learned Chief Judicial Magistrate Bhadohi Gyanpur. 3. Learned counsel for the applicant had earlier approached this Court while filing an Application U/S 482 No.7590 of 2024, Shashikala Singh Vs. State of U.P. and another inn which on 11.3.2024 the following order was passed:- "Shri Ram Krishna Dubey, learned counsel for the applicant and learned A.G.A. for the State are present. Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of criminal complaint case No. 7586 of 2022 (Shiv Shankar Yadav vs. Shashikala Singh) under Section 138 of Negotiable Instruments Act, Police Station Bhadohi, District Bhadohi as well as summoning order dated 30.9.2022, pending in the court of Judicial Magistrate-II, Bhadohi Gyanpur. After some arguments, learned counsel for the applicants does not want to press this application and wants liberty to file appropriate application before the court of competent jurisdiction and wants to decide the case as per the law laid down by the Apex Court in Damodar S. Prabhu Vs. Sayed Babalal H, 2010 (5) SCC 663. In view of the above, the instant application is disposed of with liberty to the applicants to file appropriate application before the court of competent jurisdiction as per the law laid down by the Apex Court in Damodar S. Prabhu (supra), as prayed by the applicant." 4. Learned counsel for the applicant submits that post passing of the said order the applicant had approached the court below for compounding of the offences under Section 147 of the N.I. Act, the matter was referred to mediation, however, the mediation was not successful subsequently on 8.1.2025 bailable warrants have been issued. He further submits that the applicant is suffering from serious ailment on account whereof she could not present herself in the proceedings and join the proceedings on the date fixed. He also submits that the applicant shall be applying for bail and direction be issued for consideration of the bail and till the filing of the application for enlargement of bail, protection be accorded. 5. Learned AGA has no objection to the same. 6. Considering the submissions so made across the bar, the application stands disposed of directing the applicant to appear before the court below by 9.5.2025 for enlargement of bail. Till 9.5.2025, no coercive action shall be taken against the applicant. The Court has no reasons to disbelieve that the bail shall be considered strictly in accordance with the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. 8. The protection so accorded to the applicant shall only be applicable provided the applicant confirms to the time line and does not violate any of the terms and the conditions. Order Date :- 18.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad