KAUSHALENDRA KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/17333/2025 · 2025-05-16
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57942 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82807 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17333 of 2025 Applicant :- Kaushalendra Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sabya Sachee Rai,Suneel Kumar Rai Counsel for Opposite Party :- 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 cognizance/summoning order dated 08.04.2025 passed by learned Chief Judicial Magistrate, Banda in Criminal Case No.4149 of 2025 arising out of Case Crime No.15 of 2024, under sections 419, 420 I.P.C. and section 66D of I.T. Act, P.S. Cyber Crime, District- Banda.
3. At the very outset, 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 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 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 :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad