SHUBHAM GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
NA528/16838/2025 · 2025-08-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57666 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57666 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:137760 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 16838 of 2025 Applicant :- Shubham Gupta And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- Amarnath Tripathi,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 27.11.2023, summoning/cognizance order dated 24.01.2024 including the entire criminal proceedings of Special Session Trial No. 121 of 2024 (State vs. Shubham Gupta and another) arising out of Case Crime No. 238 of 2023, under sections 323, 504, 506, 354(Ka), 354(Kha), 294 IPC and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, Police Station-Lohta, District-Varanasi pending in the court of learned Special Judge, Exclusive POCSO Act, Varanasi as well as to stay the further proceedings of abovementioned case.
3. After arguing at some length, learned counsel for the applicants 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 applicants surrender before it and apply for bail, their bail applications 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 applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications 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 applicants herein.
Order Date :- 12.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad