SURESH GAUTAM AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/24584/2025 · 2025-07-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74250 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74250 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:119834 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24584 of 2025 Applicant :- Suresh Gautam And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to quash the entire proceeding of S.S.T no. 73 of 2020 (State vs. Shiv Prakash and others) charge-sheet no. 76 of 2018 dated 19.07.2018 arising out of Case Crime no. 110 of 2018 under sections 147, 323, 504, IPC and Section 2/3 of Public Property Damages Act, PS- Barsathi, District Jaunpur as well as cognizance/summoning order dated 29.02.2020 passed by learned court of Special Judge, (SC/ST Act), Jaunpur.
3. At the very outset, learned counsel for the applicants has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicants appears before the court concerned within three weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of three weeks from today, no coercive action shall be taken against the applicants.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
8. With the above direction, the instant application stands
disposed of.
Order Date :- 22.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad