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Neutral Citation No. - 2025:AHC:116383 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 24301 of 2025 Applicant :- Bhoora Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Chaubey Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present application has been filed by applicant for quashing the N.B.W. dated 26.05.2025 passed by In-charge Civil Judge (Junior Division)/F.T.C. (Offence against women)/Judicial Magistrate, District-Mathura in Case No.126/2020 (State Vs. Bhoora and others) arising out of Case Crime No.23/2019 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Mahila Thana District-Mathura, pending before Civil Judge (Junior Division)/F.T.C. (Offence against women)/Judicial Magistrate, District-Mathura.
3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.
6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 18.7.2025/D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad