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Neutral Citation No. - 2025:AHC:81869 Court No. - 74 Case :- APPLICATION U/S 482 No. - 28215 of 2024 Applicant :- Rajesh Kumar Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned AGA. Supplementary affidavit preferred today on behalf of learned counsel for applicant, is taken on record.
2. The present application has been preferred for seeking quashing of the chargesheet dated 27.10.2023 and cognizance order dated 20.12.2023 passed in Case No.378 of 2023 (State Vs. Arvind Kumar and others), arising out of Case Crime No.264 of 2023, under Sections 204, 102-B IPC and Section 43 of I.T. Act, P.S. Kotwali, District Etawah, pending in the court of learned Additional Chief Judicial Magistrate-5, Etawah.
3. After arguing at some length, learned counsel for applicant 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 applied 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 AGA has no objection.
4. In view of the aforesaid, the instant application 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 applies 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 in the present case. Order Date :- 16.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad