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Neutral Citation No. - 2025:AHC:110525 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22421 of 2025 Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dwivedi,Niraj Kumar Dwivedi 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 impugned charge-sheet dated 27.02.2005 as well as summoning/cognizance order dated 02.02.2010 including the entire proceedings of Case No. 540 of 2010 (State vs. Devendra Singh) arising out of Case Crime No.10 of 2005, under sections 147, 323, 332, 336, 341, 353, 427, 436, 511 I.P.C. and Section 3 of Prevention of Damages to Public Property Act, Police Station-Industrial Area, District-Allahabad, pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 2, Allahabad as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant submitted that non-bailable warrant has been issued against the applicant by learned concerned court vide order dated 12.06.2025 and 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 applies for 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 the respondents 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 applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law, if there is no other legal impediment.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 10.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad