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2025 DAILYLAW 88389 (ALL)

VIJAY KUMAR SHAHU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/32424/2025 · 2025-10-09

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32424 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of summoning order dated 08.04.2025 and entire proceeding of Case No.94423 of 2025 (State Vs. Vijay Kumar Shahu and others), arising out of NCR No.129 of 2021, under Section 323 IPC, P.S. Kakadev, District Kanpur Nagar, pending in the court of learned Judicial Magistrate-Ist, Kanpur Nagar. 3. On perusal of the entire material available on record in shape of impugned order and chargesheet along with medical examination report, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned order along with entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicants has submitted that liberty may be granted to applicants to surrender before the court concerned and apply for bail to which learned AGA has no objection. 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of four weeks from today and Versus Counsel for Applicant(s) : Malay Kumar Sharma, Praveen Kumar Tripathi Counsel for Opposite Party(s) : G.A. Vijay Kumar Shahu And 3 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) apply for bail, their bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 7. However, it is made clear that till four weeks from today, no coercive action shall be taken against applicants herein in pursuance of aforesaid case. 8. It is also made clear that if the bail are granted to applicants by learned court concerned, applicant nos.3 and 4, who are unmarried lady, will be at liberty to put their appearance before learned court concerned through their counsel during course of trial. October 10, 2025 Vivek Kr. NA528 No. 32424 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad