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2025 DAILYLAW 71471 (ALL)

VIRENDRA AND 9 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24441/2025 · 2025-09-15

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24441 of 2025 Court No. - 92 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondents. 2. This application under Section 528 BNSS has been preferred by the applicants challenging the charge sheet dated 08.01.2024 and entire proceedings of Case Crime No.801 of 2023, under Sections 147, 323, 504 and 336 IPC, Police Station Khair, District Aligarh. 3. Submission is that the version has been exaggerated and reference to injury report has been made. Learned counsel has also argued that in relation to the same incident, the applicants also filed some application which was registered as a complaint case. Injuries sustained by the applicants are also reported at Page No.108 of the affidavit. 4. After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another : (2022) 10 SCC 51. 5. Per contra, learned Additional Government Advocate states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application. Versus Counsel for Applicant(s) : Bhanu Prakash Verma Counsel for Opposite Party(s) : G.A. Virendra And 9 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the above, in case the applicants appear before the court below within thirty days from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil (supra). 7. For a period of thirty days from today, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the aforesaid directions, this application under Section 528 BNSS stands disposed of. September 16, 2025 Jyotsana NA528 No. 24441 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad