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2026 DAILYLAW 3740 (ALL)

SHIVAM PAL v. STATE OF U.P. AND ANOTHER

NA528/16186/2026 · 2026-05-05

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 16186 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The instant application has been preferred for seeking quashing of charge-sheet dated 29.05.2025, cognizance/summoning order dated 01.01.2026 and the entire proceeding of Case No.1957 of 2026 (State Vs. Shivam Pal) under sections 74, 115(2), 351(3) BNS, arising out of Case Crime No.156 of 2025, P.S. Kalyanpur, District- Western (Commissionerate Kanpur Nagar), pending in the court of learned Additional Chief Judicial Magistrate- II, Kanpur Nagar. 3. On perusal of entire record appended along with instant application, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned charge-sheet, cognizance/summoning order as well as entire criminal proceedings of the said case, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for applicant submitted that liberty may be granted to applicant to surrender before the court concerned and apply for bail to which learned AGA has no objection. Versus Counsel for Applicant(s) : Pratap Shanker Yadav Counsel for Opposite Party(s) : G.A. Shivam Pal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of 15 days from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. C.B.I. and Another, reported in 2021 (10) SCC 773. 7. However, it is made clear that till 15 days from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. May 6, 2026 Saif NA528 No. 16186 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad