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2025 DAILYLAW 69400 (ALL)

BINDU YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22740/2025 · 2025-09-23

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22740 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the order dated 26.05.2025 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 24, Azamgarh in Case No. 10/2024, arising out of Case Crime No. 126/2002, under Sections 323, 325, 504, 506 IPC, Police Station- Tahbarpur, District- Azamgarh. 3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. He next submits that charge-sheet was submitted in the year 2002 under Sections 325, 323, 504, 506 IPC on 04.09.2002. Applicants were granted bail under Sections 323, 504, 506 IPC. Charges have been framed and applicants have not been released on bail under Section 325 IPC. He next submits that applicants are on bail under Sections 323, 504, 506 IPC, therefore, there is no need to apply for bail under Section 325 IPC. 4. Per contra, learned A.G.A. and learned counsel for the opposite party no. 2 vehemently opposed the submissions made by learned counsel for the applicants. 5. Considered the submissions raised by learned counsel for the parties and perused the record. From the record, it is apparent that applicants frequently Versus Counsel for Applicant(s) : Mahendra Kumar Yadav, Ravindra Kumar Yadav Counsel for Opposite Party(s) : G.A., Kunwar Bikram Suryabansh Bindu Yadav And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) moved time extension application. No case for interference by this Court is made out. Accordingly, the relief as sought by the applicants through this application is refused. 6. However, if applicants surrender before the concerned Court below within two weeks from today and apply for bail under Section 325 IPC, their bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of two weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. September 24, 2025 Aditya NA528 No. 22740 of 2025 2 (Deepak Verma,J.) Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad