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2025 DAILYLAW 95308 (ALL)

OMKAR @ AMIT KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34993/2025 · 2025-09-11

Saurabh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34993 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the cognizance order dated 24.10.2024 passed by learned Chief Judicial Magistrate, Etah in Criminal Case no. 19588/2024 (State vs. Akbar & others) as well as charge sheet dated 08.10.2023 arising out of Case Crime no. 130 of 2023 under Section 3/4 of Public Gambling Act, 1867, PS- Kotwali Dehat, District Etah. 3. After some arguments, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 4. Learned AGA has no objection to the prayer so made. 5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra). 6. For a period of three weeks from today, no coercive action shall be taken Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Omkar @ Amit Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicant. 7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 8. With the above direction, the instant application stands disposed of. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned along with entire proceeding. September 12, 2025 Shaswat NA528 No. 34993 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad