BANTI ALIAS BHUPENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/29484/2025 · 2025-08-19
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82586 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82586 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143399 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29484 of 2025 Applicant :- Banti Alias Bhupendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asheesh Kumar Tiwari 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 and perused the record.
2. This application has been filed by the applicant to quash the charge sheet dated 05.01.2019 and cognizance order dated 20.02.2019 passed by learned Special Judge (NDPS Act) Muzaffar Nagar as well as NBW order dated 25.07.2023 and entire proceeding of Case no. 17 of 2019 (State vs. Banti @ Bhupendra and another) arising out of Case Crime no. 426 of 2018 under section 18/20 of NDPS Act, PS- Meerapur, District Muzaffar Nagar pending in court of Additional District and Session Judge, Court no. 7, Muzaffar Nagar.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to surrender in pursuance to NBW order dated 25.07.2023 and move bail application before the trial court.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicants surrenders before the court concerned in pursuance to NBW order dated 25.07.2023 within three weeks from today and thereafter move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court.
6. For a period of three weeks from today, no coercive action shall be taken against the applicants.
7. It is made clear that in the event no such application is moved
within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application stands disposed of.
Order Date :- 20.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad