RAKESH SHARMA AND 32 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/29441/2025 · 2025-08-11
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82523 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82523 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:136875 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29441 of 2025 Applicant :- Rakesh Sharma And 32 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash,Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 26.06.2017 along with cognizance/summoning order dated 27.09.2017 and the entire proceedings of Case No.4849 of 2017 (State vs. Sohrab and Others) arising out of Case Crime No.0173 of 2017, under sections 147, 148, 188, 336, 332, 353, 421 I.P.C. and sections 2/3 Prevention of Damages to Public Property Act, 1984 and section 7 of Criminal Law Amendment Act, 1932, P.S. Madhuban, District- Mau, pending in the court of learned Chief Judicial Magistrate, Mau as well as to stay the further proceedings of above-mentioned case.
3. At the very outset, learned counsel for the applicants 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 applicants surrender before it and apply for bail, their 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 applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications 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 applicants herein.
Order Date :- 12.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad