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2025 DAILYLAW 94987 (ALL)

AMIT AGARWAL ALIAS JANI v. STATE OF U.P. AND ANOTHER

NA528/34890/2025 · 2025-09-10

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34890 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Learned counsel for the applicant submits that though the application has been preferred to quash summoning order dated 02.05.2019 under sections 138 N.I.Act and Non bailable warrant and proclamation of 82 Cr.P.C. dated 23.10.2 024 & 03.12.2024. in proceeding of Complaint Case No. 10789 of 2018, P.S. -Devgaon District -Azamgarh and the entire proceeding of Complaint Case No. 10789 of 2018, P.S. - Devgaon District -Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, court no.10, Azamgarh, however, he confines his relief for enlargement on bail in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicant to prefer appropriate application for enlargement on bail and this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Satender Kumar Antil (supra). 4. Till the application is decided, no coercive action shall be taken against the applicant with respect to Complaint Case No. 10789 of 2018 under Section 138 of the NI Act, P.S. - Devgaon District -Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, court no.10, Azamgarh. Versus Counsel for Applicant(s) : Rakesh Chandra Pathak, Yogesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Amit Agarwal Alias Jani .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 11, 2025 Rajesh NA528 No. 34890 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad