KUSHMENDRA ALIAS SHIVAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/26926/2025 · 2025-07-28
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79290 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127259 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 26926 of 2025 Applicant :- Kushmendra Alias Shivam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicants and learned AGA for the State- respondent.
2. This application has been filed by applicants for quashing the entire proceedings of impugned Charge-sheet dated 18.7.2024 and cognizance as well as summoning
order dated 13.2.2025 in Case No. 37 of 2025 (State Vs. Kushmendra @ Shivam and others) arising out of Case Crime No. 179 of 2024 under Sections 323, 504, 506, 308 IPC, Police Station Parasrampur, District Basti, pending before the court of learned Additional Chief Judicial Magistrate-III, Basti.
3. After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
6. The application is dismissed as withdrawn with the aforesaid liberty and direction.
Order Date :- 29.7.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad