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Neutral Citation No. - 2025:AHC:125396 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25330 of 2025 Applicant :- Smt Nisha Yadav Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sarvesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Sarvesh Kumar Yadav, learned counsel for the applicant and Sri S.P. Singh, State Law Officer for the State.
2. Though the application under Section 528 BNSS has been preferred by the applicant for quashing the entire proceeding of complaint case no. 4269 of 2024 (Vijay Bahadur Yadav vs. Nisha Yadav) U/s 138 of N.I. Act P.S. Gulriha, District Gorakhpur pending in the court of ACJM/ Civil Judge S.D./ FTC and order dated 09.09.2024 passed by ACJM, Gorakhpur but the learned counsel for the applicant has confined his relief only for a direction for consideration of the bail application with expedition.
3. Learned counsel for the applicant A.G.A. has no objection to the same.
4. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of while observing that in case appropriate proceeding in the form of bail application is preferred before the court below by 13.08.2025, then the same shall be decided with most expedition strictly in accordance with the law of the land keeping in view the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51.
5. For a period of six weeks i.e. 15.09.2025, no coercive action shall be taken against the applicant in the aforesaid complaint case.
6. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 28.7.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad