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2025 DAILYLAW 84034 (ALL)

SARVESH KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28835/2025 · 2025-09-03

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28835 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including charge-sheet dated 08.01.2024 as well as cognizance / summoning order dated 30.08.2024, of Case No. 76844 of 2024 (State Vs. Sarvesh and others), arising out of Case Crime No.404 of 2023, under Sections 323, 324, 504, 506, 447, 452 IPC, P.S.- Nauhjheel, District- Mathura, pending in the court of A.C.J.M., Court No.4, Mathura. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and the applicants would appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicants expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall Versus Counsel for Applicant(s) : Rohit Shukla Counsel for Opposite Party(s) : G.A. Sarvesh Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. September 4, 2025 'SP'/- NA528 No. 28835 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad