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2025 DAILYLAW 76710 (ALL)

KAMLESH KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/26347/2025 · 2025-08-21

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144655 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 26347 of 2025 Applicant :- Kamlesh Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanchan Devi,Shiv Babu Verma,Suneel Kumar Mishra 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 03.10.2021 as well as cognizance / summoning order dated 28.03.2025, of Case No. 190 of 2025 (State Vs. Kamlesh Kumar and others), arising out of Case Crime No.239 of 2021, under Sections 323, 504, 506, 308 IPC, P.S.- Karchhana, District- Allahabad, pending in the court of A.C.J.M., Court No.8, Allahabad. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and 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 laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 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 two 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 two 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 :- 22.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad