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Neutral Citation No. - 2025:AHC:133853 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23961 of 2025 Applicant :- Jitendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Sri Ram Chandra Solanki, learned counsel for the applicant and Sri Shiv Pratap Singh, learned A.G.A. for the State.
2. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the N.B.W. order dated 08.11.2024 in Case No.- 1330 of 2021 (State Vs. Jitendra Kumar) arising out of Case Crime No.- 309 of 2021 under Sections 279, 304-A I.P.C., P.S- Vidhuna, District- Auraiya pending in the Court of learned Civil Judge (J.D.)/Judicial Magistrate, Vidhuna, Auraiya.
3. After some argument, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the learned trial court. The learned counsel for the applicant further stated at the bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned trial court to consider and decide the bail application of the applicant expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by them on merits and wants to surrender before the concerned court, he has no objection in granting protection to them for a short period.
5. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the learned trial court in accordance with law.
6. For the period of three weeks from today or till the time of
surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against him.
7. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 6.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad