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2025 DAILYLAW 85740 (ALL)

BRIJLAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/29635/2025 · 2025-08-12

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138052 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 29635 of 2025 Applicant :- Brijlal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. This application has been filed by applicant for quashing the entire proceedings arising out of cognizance/summoning order dated 16.6.2025 in Criminal Case No.121 of 2025, State Vs. Brijlal and another, Case Crime No.29 of 2025, under Sections 115(2), 131, 110, 117(2) BNS, Police Station Kaptanganj, District Basti pending in the court of Additional Chief Judicial Magistrate-IInd, Court No.13, Basti as well as charge sheet dated 22.3.2025. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application 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 applicant. 5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant 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 applicant, 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 The application is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 13.8.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad