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2025 DAILYLAW 75408 (ALL)

AYUSH JAISWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24968/2025 · 2025-07-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121285 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24968 of 2025 Applicant :- Ayush Jaiswal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Jagdish Singh, learned counsel for the applicants submits that though the application under Section 528 of BNSS has been preferred by the applicants, wherein challenge has been raised for quashing the summoning order dated 29.05.2024 in Complaint Case No. 22066 of 2024, under section 498A, 354 I.P.C. and 3/4 D.P. Act Police Station Gulhariha District Gorakhpur pending in the court of Learned Civil Judge (S.D.)F.T.C. Gorakhpur, however, as per the instructions received from his client, the learned counsel for the applicants confines his relief to the extent of enlargement of applicants on bail before the court below in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation, (2022) 10 SCC 51. 2. Sri Abhishek Tripathi, learned A.G.A. has no objection to the same. 3. 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 14.08.2025, then this Court has no reason to disbelieve that 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 (supra). 4. Till the disposal of bail application, no coercive action shall be taken against the applicants with respect to summoning order dated 29.05.2024 in Complaint Case No. 22066 of 2024, under section 498A, 354 I.P.C. and 3/4 D.P. Act Police Station Gulhariha District Gorakhpur pending in the court of Learned Civil Judge (S.D.)F.T.C. Gorakhpur. Order Date :- 24.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad