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2025 DAILYLAW 82310 (ALL)

GIRJA SHANKAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28395/2025 · 2025-08-12

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139522 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 28395 of 2025 Applicant :- Girja Shankar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 23.05.2025 as well as summoning order dated 04.06.2025, of Criminal Case No. 6197 of 2025 (State Vs. Kripa Shankar Tiwari and Others), arising out of Case Crime No. 106 of 2025, under Sections - 191(2), 132, 121(1), 352, 127(2) BNS, Police Station - Gazipur, District - Fatehpur, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Fatehpur. 3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants would appear before the trial court concerned and a direction may be made to the court concerned to decide the bail application of applicants expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and Another; 2022 SCC OnLine SC 825 and protection may be granted to the applicants till then. 4. In view of the aforesaid, it is directed that in case applicants appear / surrender before the trial 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 appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 13.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad