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2025 DAILYLAW 78422 (ALL)

SHIVAM GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/26473/2025 · 2025-10-05

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26473 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for applicants; learned A.G.A. for State and perused the record. 2. Present 528 B.N.S.S. application has been filed to quash the graciously be pleased to quashed the charge Sheet dated 01.10.2024 along with cognizance/summoning order dated 29.04.2025 passed, by Chief Judicial Magistrate Kanpur Nagar as well as proceeding of Case No. 97917 of 2025 arising out of Case Crime No. 267 of 2024 (State of U.P. versus Shivam Gupta & others), under section 452, 323, 504, 506 & 336 I.P.C., Police Station Barra Kanpur Nagar pending in the court of Chief Judicial Magistrate Kanpur Nagar. 3. On the matter being taken up, learned counsel for the applicants has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be Versus Counsel for Applicant(s) : Sunil Kumar Srivastava, Vinod Kumar Srivastava Counsel for Opposite Party(s) : B.N.Singh, G.A., Manish Kumar Singh Shivam Gupta And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 6, 2025 Sanjeet NA528 No. 26473 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad