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2025 DAILYLAW 61465 (ALL)

SHYAMU GUPTA v. STATE OF U.P. AND ANOTHER

NA528/18274/2025 · 2025-05-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86293 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18274 of 2025 Applicant :- Shyamu Gupta Opposite Party :- State of U.P. and Another Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the impugned charge sheet dated 22.08.2022 as well as its cognizance order dated 29.03.2024 passed by Chief Judicial Magistrate, Court no. 17, Deoria as well as entire proceeding of Criminal Case no. 5885 of 2024, State vs. Shyamu Gupta, arising out of Case Crime no. 220 of 2022, under Section 60 Excise Act, PS- Rampur Karkhana, District Deoria pending in court of Chief Judicial Magistrate/ Court no. 17, Deoria. 3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application stands disposed of. Order Date :- 21.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad