HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34688 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 14.04.2025, cognizance/summoning order dated 01.05.2025 and the entire proceedings of Criminal Case No.8101 of 2025 (State vs. Nikunj Jain) arising out of Case Crime No.53 of 2025, under sections 281, 125, 105, 110 BNS and sections 184, 185 of The Motor Vehicle Act, 1998, P.S. Bhojpur, District- Ghaziabad, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate, Fast Track Court, District- Ghaziabad. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; with regard to said incident, the police has not recorded any independent witness though it was the time of Kawar Yatra as well as the fact that police has implanted alcohol in the blood sample of accused-applicant; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court, which is specifically on the basis of statements so recorded by prosecution Versus Counsel for Applicant(s) : Kushagra Singh, Namman Raj Vanshi Counsel for Opposite Party(s) : G.A. Nikunj Jain .....Applicant(s) State of U.P. and Another .....Opposite Party(s) witnesses and the material evidences, which has been collected during the course of investigation and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that the instant application is lacking merit in respect for quashing the entire proceedings arising out of Case Crime No.53 of 2025 and as such there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. The instant application under section 528 BNSS stands dismissed accordingly. 7. Lastly, learned counsel for applicant requested that liberty may be granted to applicant to surrender before the court concerned and apply for regular bail to which learned AGA has no objection. 8. In view of above, the applicant is hereby granted liberty of three weeks from today to appear before the court concerned and apply for regular bail, which shall be considered and decided expeditiously in accordance with law. Till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. September 11, 2025 Saif NA528 No. 34688 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad