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2025 DAILYLAW 52701 (ALL)

DAYASHANKAR v. STATE OF U.P. AND ANOTHER

NA528/15796/2025 · 2025-05-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73316 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15796 of 2025 Applicant :- Dayashankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Shukla 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. 2. This application under section 528 BNSS has been preferred to quash charge- sheet dated 07.01.2015, cognizance/summoning order dated 08.04.2019 and the entire proceedings of Case No.4147 of 2019 (State vs. Daya Shankar) arising out of Case Crime No.335 of 2014, under sections 3/7 of Essential Commodities Act, 1955, P.S. Lalauli, District- Fatehpur, pending before learned Additional Chief Judicial Magistrate, Court No.1, Fatehpur as well as to stay the further proceedings of above-mentioned 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 apply 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 opposite parties 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 apply 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 :- 7.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad