Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75938 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15282 of 2025 Applicant :- Manish Kumar Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prabhakar Dubey,Umakant Pandey Counsel for Opposite Party :- Anil Pratap Singh,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, Sri Anil Pratap Singh, learned counsel for opposite party no. 2 and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet no. 1 dated 26.11.2023 as well as summoning/cognizance
order dated 10.04.2024 including the entire proceedings of Criminal Case No. 34626 of 2024 (State vs. Manish Kumar Pandey) arising out of Case Crime No. 170 of 2023, under sections 323, 354(Gha), 406, 500, 504, 506 I.P.C. and section 67 of I.T., Police Station-Jansa, District-Varanasi, pending in the Court of learned VIth Additional Chief Judicial Magistrate, Varanasi as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant 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 applicant surrenders before it and applies for bail, his bail application 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 applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 9.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad