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2025 DAILYLAW 57887 (ALL)

ABHINAV KUMAR v. STATE OF U.P. AND ANOTHER

NA528/17232/2025 · 2025-05-15

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81650 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17232 of 2025 Applicant :- Abhinav Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey 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 the charge-sheet dated 09.11.2024 along with cognizance order dated 03.01.2025 and the entire proceedings of Case No.8076 of 2024 (State vs. Abhinav Kumar) arising out of Case Crime No.63 of 2024, under section 67A of Information Technology Act, P.S. Cyber Crime Police Station Saharanpur, District- Saharanpur, pending in the court of learned Additional Chief Judicial Magistrate-II, Saharanpur. 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 :- 16.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad