SMT. SOMWATI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/25326/2025 · 2025-07-27
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74805 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74805 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:124517 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 25326 of 2025 Applicant :- Smt. Somwati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km. Reena,Santosh Kumar Tiwari,Saurabh Varshney 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-respondent.
2. This application under Section 528 BNSS has been filed by applicant for quashing the charge sheet dated 24.3.2024 and cognizance/summoning order dated 22.5.2025 as well as entire proceeding of Case No.13019 of 2025, State Vs. Ravindra and others, under Sections 452, 323, 504, 506 I.P.C., Police Station Usawa, District Budaun arising out of Case Crime No.91 of 2024 pending in the court of Civil Judge (Sr. Div.) F.T.C./A.C.J.M. Budaun.
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 Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail.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. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 28.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad