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Neutral Citation No. - 2025:AHC:137768 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27195 of 2025 Applicant :- Dinesh Alias Mithun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Vibhor Singh,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 25.03.2025, cognizance/summoning order dated 19.04.2025 and the entire proceedings of Case No.01 of 2025 (State vs. Bhanu and Others) arising out of Case Crime No.02 of 2024, under sections 419, 420, 504 I.P.C. and section 66D of I.T. Act, P.S. Cyber Crime, District- Kaushambi, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Kaushambi as well as to stay the further proceedings of above-mentioned case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 13.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad