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2025 DAILYLAW 85729 (ALL)

ASHOK KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30063/2025 · 2025-09-07

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30063 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 21.02.2025 as well as cognizance / summoning order dated 22.05.2025, of Case No. 16360 of 2025 (State Vs. Ashok Kumar and others), arising out of Case Crime No.200 of 2024, under Sections 191(2), 191(3), 115(2), 352, 351(2), 118(1), 131, 117(2) BNS, P.S.- Chandpa, District- Hathras, pending in the court of Civil Judge (S.D.) / F.T.C., Hathras. 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) : Ajai Mani Tiwari Counsel for Opposite Party(s) : G.A. Ashok Kumar And 4 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 8, 2025 'SP'/- NA528 No. 30063 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad