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Neutral Citation No. - 2025:AHC:120956 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22945 of 2025 Applicant :- Amitabh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 25.12.2024 as well as cognizance / summoning order dated 13.02.2025, of Case No. 1743 of 2025 (State Vs. Amitabh Mishra), arising out of Case Crime No. 175 of 2024, under Sections - 406, 504, 506 IPC, Police Station - Chaurakhas, District - Kushinagar, pending in the court of Civil Judge (Senior Division) / Additional Chief Judicial Magistrate, Kasya, Kushinagar.
3. It is submitted by learned counsel for the applicant that the applicant is a specially abled person, having 60 % disability. It was submitted that prayer made above is not being pressed and applicant would appear before the Trial court and that a direction may be made to the Trial Court concerned to decide the bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, 2021 SCC Online SC 922 and protection may be granted till then.
4. In view of the aforesaid, it is directed that in case applicant appears / surrenders before the Trial 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. For a period of three weeks from today or till the applicant appears / surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 23.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad