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Neutral Citation No. - 2025:AHC:133844 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 28782 of 2025 Applicant :- Anshul And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamalendra Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,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 filed by the applicants to quash the entire proceeding of Case No. 328 of 2025, (State Vs. Anna @ Pradeep and others), arising out of Case Crime No. 35 of 2024 under Sections 379 I.P.C., Police Station- Jaitpur, District- Agra, pending before Judicial Magistrate I, Fatehabad, Agra, and also may be pleased to quash the charge sheet dated 26.07.2024 and cognizance/summoning order dated 22.05.2025 passed by Judicial Magistrate I, Fatehabad.
3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.
4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.
5. Accordingly the relief as sought by the applicants through this application is refused.
6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.
7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.
8. With the aforesaid directions, this application under Section 528 BNSS stands
disposed of.
Order Date :- 7.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad