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2025 DAILYLAW 71172 (ALL)

AJAY NISHAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/23522/2025 · 2025-07-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107630 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23522 of 2025 Applicant :- Ajay Nishad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Patel,Pradeep Kumar 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 10.01.2024 as well as cognizance / summoning order dated 12.06.2025, of Case No. 8092 of 2025 (State Vs. Ajay Nishad and others), arising out of Case Crime No.334 of 2023, under Sections 452, 323, 325, 504, 506 IPC, P.S.- Sinduriya, District- Maharajganj, pending in the court of A.C.J.M., Maharajganj. 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 trial Court and a direction may be made to the trial Court to decide the bail application 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 and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants surrender before the court below within a period of three weeks from today and apply for bail, their bail application 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 :- 8.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad