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Neutral Citation No. - 2025:AHC:83327 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 13485 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Compliance affidavit, filed by learned AGA for the State today in the Court, is taken on record. Accordingly, the notice upon the opposite party no.2 is sufficient. Mr. Maan Singh, learned counsel has filed his vakalatnama on behalf of the opposite party no.2 today in the Court, is taken on record. Heard Mr. Ajay Kumar Shukla, learned counsel for the applicant, Mr. Maan Singh, learned counsel for the opposite party no.2, Mr. Mayank Awasthi, learned counsel for the State and perused the record. This application has been filed by the applicant with a prayer to quash the charge sheet dated 13.05.2023 and cognizance/summoning order dated 28.03.2024 as well as the entire proceedings in Sessions Case No.445 of 2024 (State vs. Sanjay Raghav and others), arising out of Case Crime No.152 of 2023, under Sections 147, 354Ka, 323, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station-Banna Devi, District- Aligarh, pending before the court of Special Judge (SC/ST Act), Aligarh.
Learned counsel for the applicant submits that in the matter of co- accused, the Co-ordinate Benches of this Court has passed the orders dated 10.02.2025 and 23.10.2025. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may
be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicant expeditiously. Mr. Maan Singh, learned counsel for the opposite party no.2 has no objection to the aforesaid prayer as made by counsel for the applicant. Learned A.G.A. for the State submits that in case the applicant is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, this application is
disposed of.
Order Date :- 19.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad