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2025 DAILYLAW 94596 (ALL)

NITIN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/35146/2025 · 2025-10-12

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35146 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Compliance affidavit, filed by learned A.G.A. and Vakalatnama filed by Sri Ashish Dwivedi, on behalf of opposite party no.2, are taken on record. 2. Heard learned counsel for applicants; learned counsel for the opposite party no. 2; learned A.G.A. for State and perused the record. 3. Present 528 B.N.S.S. application has been filed to quash the cognizance order dated 01.07.2025 as well as entire proceedings of case No.1680 of 2025 (State Vs. Nitin and other), arising out of case crime No.599 of 2023 under sections 147, 323, 352, 504, 506 IPC and 3 (2) (va) SC/ST Act, police station Pilkhuwa, District Hapur, pending in the court of Additional District and Session Judge Special Judge SC/ST Act Hapur. 4. On the matter being taken up, learned counsel for the applicants has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 5. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 6. Accordingly the relief as sought by the applicants through this application is refused. 7. Considering the aforesaid alternative prayer of the applicant, it is directed that applicants shall surrender before the concerned Court below within three Versus Counsel for Applicant(s) : Chandrajeet Counsel for Opposite Party(s) : G.A. Nitin And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 8. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 9. With the aforesaid directions, this application under Section 528 B.N.S.S. stands disposed of. October 13, 2025 Meenu Singh NA528 No. 35146 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad