HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33144 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 chargesheet dated 10.02.2025 and cognizance/summoning order dated 16.05.2025 as well as entire proceedings of Case Crime No.725 of 2024 (State vs. Shivam Yadav), arising out of Case Crime No.0146 of 2023, under Sections 286, 307 IPC, Police Station-Jhunsi, District-Nagar (Commissionerate Prayagraj). 3. After arguing the matter at some length, learned counsel for the applicant submits that applicant has already been released on bail at the district level and there being no evidence against him, an application seeking discharge shall be moved by him which may be directed to be considered. 4. Learned A.G.A. submits that sufficient evidence exists on record to prosecute the applicant. 5. Be that as it may, moving of a discharge application is a statutory right of an accused and, therefore, this application is disposed of granting liberty to the applicant to seek discharge on available grounds. 6. In case such an application is moved before the concerned court within a period of three weeks from today, the same shall be decided on merits after hearing the accused as well as prosecution within next three months strictly in accordance with law. Versus Counsel for Applicant(s) : Munna Babu Counsel for Opposite Party(s) : G.A. Shivam Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. It is made clear that this Court has not expressed any opinion on merits of the rival contentions. September 10, 2025 Jyotsana NA528 No. 33144 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad