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2025 DAILYLAW 66345 (ALL)

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

NA528/20528/2025 · 2025-07-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108953 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20528 of 2025 Applicant :- Mahima Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Grijesh Tiwari 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 perused the record. 2. This application has been filed by the applicant to quash the impugned charge sheet dated 9.11.2024 and cognizance & summoning order dated 18.2.2025 as well as entire proceeding of Criminal Case No.2273 of 2025 (State vs. Rajat Pandey and others) arising out of Case crime no.457 of 2024 under Section 67 I.T. Act, P.S. Ram Kola, District Kushinagar at Padrauna only in respect of applicant. 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 moves 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 under Section 528 BNSS is finally disposed of. 9. However, the applicant will be at liberty to prefer application whatsoever is available at law. Order Date :- 9.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad