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2025 DAILYLAW 75389 (ALL)

HIMANSHU DUBEY v. STATE OF U.P. AND ANOTHER

NA528/25034/2025 · 2025-08-06

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134225 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 25034 of 2025 Applicant :- Himanshu Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaiya Ghanshyam Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Ajay Dubey, learned Advocate holding the brief on behalf of the applicant appears and submits that the accused applicant has been falsely implicated in the case by the informant who has filed the FIR after delay of two years under Section 406 IPC stating therein that the accused has taken Rs. 25,000/- in his bank account and Rs. 10,000/- in cash for payment of electricity dues pretending himself to be the employee of the electricity department. The charge sheet is submitted. The cognizance is taken. 2. Learned AGA for the State is present. 3. Considering the record this Court does not find it just and proper case for quashing of charge sheet, on two counts. First, the money has been transferred; second, the allegation is of taking of money pretending to be employee of electricity department. 4. There is no point of issuing notice to the opposite party. 5. The application is disposed of. 6. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the bail application, hence, the accused-applicant shall not be arrested for a period of 15 days. Prior to expiry of the aforesaid period, he should appear before the trial court and apply for bail. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that the accused-applicant has not been arrested during investigation. 7. The trial court before disposal of bail application, shall consider the release of applicant on interim bail. Order Date :- 7.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad