HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31672 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants and learned AGA for the State. The present application under Section 528 B.N.S.S. has been preferred challenging the charge sheet dated 26.4.2022, summoning order dated 23.6.2022 as well as entire proceeding of Case No. 3147 of 2022 (State vs. Ashok Kumar and others) arising out of Case Crime No. 66 of 2022 under Sections 147, 452, 308, 323 IPC, Police Station Phephana, District Ballia, pending in the court of learned Chief Judicial Magistrate, Ballia. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the Versus Counsel for Applicant(s) : Ramesh Kumar Chaurasia Counsel for Opposite Party(s) : G.A. Ashok Kumar Giri And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, no coercive measures shall be taken against the applicants. With the above observations, this application under Section 528 B.N.S.S. is disposed of. September 9, 2025 Gss NA528 No. 31672 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad