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Neutral Citation No. - 2025:AHC:89725 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 18911 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Malviya Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application has been filed by applicant for quashing the entire proceeding of Criminal Case No.1324 of 2025 (State Versus Sunil Kumar and others) arising out of Case Crime No.05 of 2024, under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Matsena, District Firozabad and charge-sheet dated 11.4.2024 as well as impugned cognizance/summoning order dated 28.1.2025 passed by Civil Judge (J.D.)F.T.C.- 1/Judicial Magistrate, Firozabad in the aforesaid case.
3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 27.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad