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Neutral Citation No. - 2025:AHC:87956 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18546 of 2025 Applicant :- Nitesh Kumar Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Singh Pal,Manoj Kumar Keshari 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 no.119 of 2022 dated 30.04.2022 along with cognizance/summoning order dated 12.08.2024 and the entire proceedings of Case No.21088 of 2024 (State vs. Nitesh Kumar Ram and Others) arising out of Case Crime No.108 of 2022, under sections 419, 420 I.P.C. and sections 6/10 of U.P. Public Examination Act, 1998, P.S. Bairia, District- Ballia, pending in the court of learned Judicial Magistrate-I, Ballia.
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 regular 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 :- 23.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad