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2025 DAILYLAW 60102 (ALL)

SANJAY TIWARI v. STATE OF U.P. AND ANOTHER

NA528/17605/2025 · 2025-07-13

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112150 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17605 of 2025 Applicant :- Sanjay Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Singh,Mohd Kamil,Pratiksha Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 05.09.2023 as well as cognizance / summoning order dated 20.04.2024, of Case Crime No. 0061 of 2023 (State Vs. Sanjay Tiwari), under Sections - 352, 406, 506, 420 IPC, Police Station - Belipar, District - Gorakhpur, pending before the court of Additional Chief Judicial Magistrate-IIIrd, Gorakhpur. 3. After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant is willing to appear before the Trial court concerned and a direction may be made to the Trial court concerned to decide the bail application of applicant expeditiously and protection may be granted to the applicant till then. 4. In view of the aforesaid, it is directed that in case applicant appears / surrenders before the Trial court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant appears / surrenders before the Trial court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 14.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad