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2025 DAILYLAW 78646 (ALL)

VINOD v. STATE OF U.P. AND 3 OTHERS

CRLP/17049/2025 · 2025-08-04

Sandeep Chaudhary Joint Registrar Judicial, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134162-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 17049 of 2025 Petitioner :- Vinod Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Mohit Singh Counsel for Respondent :- G.A. Hon'ble Siddhartha Varma,J. Hon'ble Anil Kumar-X,J. 1. Heard Sri Mohit Singh, learned counsel for the petitioner and learned A.G.A. appearing for State-respondents and perused the material on record. 2. The present writ petition has been preferred for quashing the impugned remand order dated 02.05.2025 passed by the Chief Judicial Magistrate, Sambhal in FIR dated 01.08.2024 being Case Crime No. 343 of 2024, under Sections- 318(4), 341(A), 103(1), 238(Ka), 61(2) of B.N.S.-2023, at Police Station- Chandausi, District- Sambhal. 3. Learned counsel for the petitioner submits that the ground of arrest has not been mentioned in the arrest memo and, therefore, in view of the judgment of Vihaan Kumar Vs. State of Haryana, 2025 SCC Online SC 269, the remand order is not in accordance with law. 4. Accordingly, the impugned order is hereby quashed and writ petition is allowed. 5. The petitioner shall be enlarged on interim bail by the C.J.M, concerned in Case Crime No. 343 of 2024, under Sections- 318(4), 341(A), 103(1), 238(Ka), 61(2) B.N.S., at Police Station- Chandausi, District- Sambhal on furnishing a personal bond of sum of Rs. 50,000/- (Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned 6. It is open for the respondents to proceed against the petitioner, in accordance with law. Order Date :- 5.8.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad