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2025 DAILYLAW 87152 (ALL)

SUBHASH KASHYAP v. STATE OF U.P. AND 2 OTHERS

A482/30042/2024 · 2025-05-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83361 Court No. - 74 Case :- APPLICATION U/S 482 No. - 30042 of 2024 Applicant :- Subhash Kashyap Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jalaj Kumar Tripathi Counsel for Opposite Party :- G.A.,Mukesh Kumar Singh Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 23.05.2019 along with cognizance order dated 02.02.2021 and the entire proceedings of Case No.3241 of 2021 (State vs. Naresh Pal and Another) arising out of Case Crime No.121 of 2018, under section 420 I.P.C. and section 136(1)C of Electricity Act, P.S. Bhuta, District- Bareilly, pending in the court of learned Special Judge, E.C. Act/Additional District and Session Judge, Court No.4, Bareilly. 3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection. 4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 19.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad