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2025 DAILYLAW 55381 (ALL)

CHANRASHEKHAR v. STATE OF U.P. AND ANOTHER

NA528/16160/2025 · 2025-09-07

Ram Manohar Narayan Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16160 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. This application under Section 528 BNSS has been filed by the applicant to quash entire proceeding of Case No.452 A of 2020 arising out of Case Crime No.190 of 2018, under Sections 147, 148, 149, 323, 504, 506 and 307 I.P.C., Police Station Khetasarai, District Jaunpur as well as summoning order dated 03.03.2025. 3. After arguing at some length, learned counsel for the applicant submits that a cognizable offence is made out against the applicant and co-accused persons on the basis of the FIR version and evidence collected during investigation. The applicant and co-accused persons have been charge- sheeted under Sections 147, 148, 149, 323, 504, 506 and 307 I.P.C. At this stage, it cannot be said that the said offences are not made out on the basis of prosecution version. He next submits that most of the accused persons have already been enlarged on bail by the trial Court. The applicant has been assigned the role of firing with a country made pistol, but as per the FIR version, the shot did not hit anyone. 4. Learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. Versus Counsel for Applicant(s) : Babita Shukla, Ram Prakash Shukla Counsel for Opposite Party(s) : G.A. Chanrashekhar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Learned A.G.A. for the State submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period. 6. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within one month from today and in case, he apply for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law, after hearing the informant, 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. 7. For the period of one month from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, applicant shall not be arrested in the above case. 8. With the above observations and directions, this application under Section 528 BNSS is disposed of. September 8, 2025 Amit NA528 No. 16160 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad