HARI SHANKAR PANDEY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25045/2025 · 2025-07-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74525 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74525 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121960 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 25045 of 2025 Applicant :- Hari Shankar Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Shukla 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 under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application Under Section 528 of B.N.S.S.) and stay the effect and operation of Impugned N.B.W. order dated 28.05.2025 along with Charge Sheet dated 10.08.2014 in connection with Case No. 9615 of 2016 (State Versus Hari Shankar Pandey and others) In Case Crime No. 365 of 2014, Under Section 323, 452, 504, 506 I.P.C. Police Station Kotwali District Fatehpur Pending in the Court of Learned C.J.M., Fatehpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire further proceeding of Impugned N.B.W. order dated 28.05.2025 along with Charge Sheet dated 10.08.2014 in connection with Case No. 9615 of 2016 (State Versus Hari Shankar Pandey and others) In Case Crime No. 365 of 2014, Under Sections 323, 452, 504, 506 I.P.C. Police Station Kotwali District Fatehpur Pending in the Court of Learned C.J.M., Fatehpur. And/or pass such and further order may deem fit under fact and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."
3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and that the applicants would 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 and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants surrender before the court concerned 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 concerned, 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 :- 24.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad