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Neutral Citation No. - 2025:AHC:67993 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13286 of 2025 Applicant :- Jyoti Rajora Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava 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 08.11.2024 as well as cognizance/summoning
order dated 21.01.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Agra and entire proceedings of Criminal Case no. 4818 of 2025 (State vs. Jyoti Rajaura) u/s 60, 63, 72 Excise Act, Police Station Jagdishpura, District Agra arising out of Case Crime no. 378 of 2023.
3. After some arguments, 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 under Section 528 BNSS stands disposed of.
Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad