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2025 DAILYLAW 98897 (ALL)

AKSHYAVAR NATH DUBEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/37356/2025 · 2025-09-23

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37356 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including charge-sheet dated 30.07.2021 as well as cognizance / summoning order dated 28.02.2023, of Case No. 2161 of 2023 (State Vs. Akshyavar Nath Dubey and Another), arising out of Case Crime No. 136 of 2021, under Sections 323, 504, 506, 452, 427 I.P.C., Police Station Sarai Mamrej, District Prayagraj, pending in the Court of Additional Chief Judicial Magistrate, Room No. 6, Allahabad. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and the applicants would appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicants expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. 4. In view of aforesaid, it is directed that in case applicants Versus Counsel for Applicant(s) : Subhash Chandra Mishra Counsel for Opposite Party(s) : G.A. Akshyavar Nath Dubey And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. September 24, 2025 SK Srivastava NA528 No. 37356 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad