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2025 DAILYLAW 66004 (ALL)

SUBHASH CHAUHAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/21339/2025 · 2025-07-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111861 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21339 of 2025 Applicant :- Subhash Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Yadav,Satya Narayan Yadav 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 and perused the record. 2. This application has been filed by the applicant to quash the entire criminal proceeding as well as charge-sheet dated 20.05.2022 and cognizance order dated 7.5.2025 passed by Chief Judicial Magistrate, Deoria in Case no. 6854 of 2025 (State vs. Subhash Chauhan and others) arising out of Case Crime no. 270 of 2020 under sections 147, 323, 504, 506, 324, 188, 269 of IPC and Section 51-B Aapda Prabandhan Adhiniyam, PS- Kotwali Deoria, District- Deoria. 3. At the very outset, learned counsel for the applicants 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 applicants appears before the court concerned within three weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, 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 applicants. 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 applicants. 8. With the above direction, the instant application stands disposed of. Order Date :- 11.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad