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2025 DAILYLAW 69861 (ALL)

SHYAMRATHI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22916/2025 · 2025-07-08

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109285 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22916 of 2025 Applicant :- Shyamrathi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya 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 21.03.2022 as well as summoning order dated 21.03.2025, of Criminal Case No. 38255 of 2025 (State v. Shyamrathi and others), arising out of Case Crime No. 42 of 2022, under Sections 323, 325, 504, 506, 308 of IPC, P.S.- Geeda, District- Gorakhpur, pending in the court of Judicial Magistrate-III, Gorakhpur. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and the applicants are willing to appear before the court concerned and a direction may be made to the court concerned to decide the bail applications of applicants expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. 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 :- 9.7.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad