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2026 DAILYLAW 11826 (ALL)

VINOD YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/42035/2026 · 2026-09-29

Samit Gopal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42035 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Manoj Kumar Mishra, learned counsel for the applicants and Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. The present application under Section 528 B.N.S.S. has been filed by the applicants- Vinod Yadav and Ajay @ Baghele Yadav, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 06.03.2025 & cognizance/summoning order dated 05.06.2025 in Sessions Case No. 895 of 2025 (State Vs. Vinod Yadav and others) arising out of Case Crime No. 0020 of 2025, under Sections 115(2), 352, 351(3), 117(2) B.N.S. and 3(1) dha SC/ST Act, Police Station Banda, District Shahjahanpur, pending in the Court of Special Judge (SC/ST Act), Court No.2, Shahjahanpur, with a further prayer that proceedings of the aforesaid case be stayed. 4. After arguments on merits at length, learned counsel for the applicants states that he does not want to press the prayer for quashing of the proceedings and the impugned summoning order. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application. 5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants. 6. In view of the above, the prayer for quashing of proceedings/summoning Versus Counsel for Applicant(s) : Manoj Kumar Mishra Counsel for Opposite Party(s) : G.A. Vinod Yadav And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order is dismissed as not pressed. 7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants it is directed that if the accused-applicants appear and apply for bail before the court concerned by 14th October 2026 or earlier, the same shall be considered and decided in accordance with law. 8. Further if the applicants fail to appear by 14th October 2026 or before the court concerned to file a bail application, the trial court shall proceed against them in accordance with law. 9. The present application is disposed of. September 30, 2026 AS Rathore NA528 No. 42035 of 2026 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad