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2025 DAILYLAW 84044 (ALL)

SAROJ KUMAR VARMA ALIAS SAROJ PATEL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29227/2025 · 2025-08-10

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134958 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 29227 of 2025 Applicant :- Saroj Kumar Varma Alias Saroj Patel And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Ranjit Pratap Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been filed by applicants for quashing the entire proceedings of Case No. 363 of 2019 (State Vs. Saroj Patel and others) including charge sheet dated 13.02.2012 as well as impugned cognizance order dated 28.06.2012 and N.B.W. order dated 28.01.2018 passed by Additional Civil Judge (J.D.)/Court No.-6, Varanasi, arising out of Case Crime No. 0032 of 2012 under Sections 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Jansa, District Varanasi. 3. After some argument, learned counsel for the applicants states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicants to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicants. In case, the bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicants, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 11.8.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad