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2025 DAILYLAW 88342 (ALL)

RAKESH PATEL ALIAS RAKESH KUMAR PATEL AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/32513/2025 · 2025-09-25

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32513 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned charge sheet dated 25.09.2024 as well as cognizance/summoning order dated 07.05.2025 passed by Judicial Magistrate-I, Court no. 17, District Jaunpur in Case no. 486/2025 (State Vs. Rakesh Patel), arising out of case crime no. 184/2024, under sections 191(2), 115(2), 352, 351(3) B.N.S.S., Police Station-Tejibazar, District-Jaunpur, Pending in the Court of Judicial Magistrate-1, Court no.17, District Jaunpur. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within four weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down Versus Counsel for Applicant(s) : Raj Karan Patel Counsel for Opposite Party(s) : G.A. Rakesh Patel Alias Rakesh Kumar Patel And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of four weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 528 BNSS stands disposed of. September 26, 2025 Nitin Verma NA528 No. 32513 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad