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2025 DAILYLAW 69710 (ALL)

KAPIL KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/22964/2025 · 2025-07-22

Raj Beer Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121120 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22964 of 2025 Applicant :- Kapil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rateesh Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 BNSS has been preferred for quashing of the entire proceedings, including charge-sheet dated 05.12.2024 as well as cognizance/ summoning order dated 01.05.2025, of Case No. 10025 of 2025 (State v. Kapil & Another), arising out of Case Crime No. 362 of 2024, under Sections 126(2), 115(2), 352, 110, 351(3) of B.N.S., Police Station- Nahtapur, District- Bijnor, pending in the court of learned A.C.J.M.-I, Bijnor. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and the applicants would appear before the court concerned and a direction may be made to the trial court concerned to decide the bail applications of applicants expeditiously and till then, protection may be granted to them. 4. In view of aforesaid, it is directed that in case, applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously, in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 23.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad