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2025 DAILYLAW 90464 (ALL)

SACHIN v. STATE OF U.P. AND ANOTHER

NA528/32906/2025 · 2025-09-08

Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32906 of 2025 Court No. - 48 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 B.N.S.S. has been filed challenging the entire proceeding of Case No. 18221 of 2023 (State vs. Sachin and others) arising out of charge-sheet dated 03.04.2022 submitted in Case Crime No. 373 of 2021, under Sections 147, 452, 323, 504, 506, 354, 324 of I.P.C., Police Station- Jagdishpura, District- Agra, pending in the court of learned Additional Chief Judicial Magistrate-I, Agra. 3. Submission of learned counsel for the applicant is that qua the incident, cross first information reports were registered by both the parties and whereas the F.I.R. by the applicant was prompt in nature, the other side lodged a belated F.I.R. and, therefore, it is the case for interference. 4. Learned A.G.A. points out that there are serious allegations of physical assault by both the parties and as the cognizable offences have been committed, the court below has not erred in taking cognizance in the matter. 5. The Court finds that cognizance was taken in the year 2023 as is apparent from endorsement made on the charge-sheet appended at page 16 of the paper-book and considering the material on record, no good ground is made out either to stay the criminal proceedings or to quash the same. 6. At this stage, learned counsel for the applicant submits that he should be granted benefit of the order passed by Hon'ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & another : (2022) 10 Versus Counsel for Applicant(s) : Brijesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Sachin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) SCC 51, to which learned A.G.A. has no objection. 7. It is, therefore, directed that if the accused-applicant surrenders before the court below and moves bail application within 30 days from today, the court below shall decide the bail application according to the law laid down in Satender Kumar Antil (supra). 8. For a period of 30 days from today, no coercive measure shall be taken against the applicant. 9. The instant application is, accordingly, disposed of. September 9, 2025 Pkb/ NA528 No. 32906 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- PRAMOD KUMAR BAJPAI High Court of Judicature at Allahabad