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2025 DAILYLAW 92997 (ALL)

ASHISH GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34947/2025 · 2025-09-11

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34947 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard Mr. Ramkripal Yadav, learned counsel for the applicants, learned AGA for the State and perused the record. The present application under 528 BNSS has been filed with a prayer to quash the order dated 12.02.2024 as well as order dated 14.03.2025 passed by Additional District Judge/Fast Track Court No.1st, District- Chandauli passed in S.T. No. 128 of 2020 (State v. Ashish Gupta and others) arising out of Case Crime No. 662 of 2019 under Sections 306, 498-A IPC and 3/4 D.P. Act, Police Station-Mugalsarai, District- Chandauli. It has been submitted by learned counsel for the applicants that the applicants were initially named in the FIR as an accused and were charge- sheeted under Sections 306, 498-A IPC and 3/4 of the D.P. Act. Subsequently, on the basis of application moved under Section 216 Cr.P.C., by the first informant, the charges have been altered and the applicants are facing trial under Section 304B and alternatively under Section 302 IPC. Learned counsel for the applicants submits that they have already obtained bail under Section 306 IPC and are ready to cooperate in the trial proceedings. Under such circumstances, the present application is disposed of with the direction that in case the applicants move an application for grant of bail Versus Counsel for Applicant(s) : Rajeev Nayan Singh, Ramkripal Yadav Counsel for Opposite Party(s) : G.A. Ashish Gupta And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) under Section 304B and alternatively under Section 302 IPC, the same may be decided expeditiously in accordance with law. In case, the applicants do not cooperate in the trial proceedings, the Court is free to proceed against the applicants. September 12, 2025 Aditya Tripathi NA528 No. 34947 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad