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2026 DAILYLAW 4755 (ALL)

DILEEP KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34458/2026 · 2026-09-07

Chawan Prakash

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34458 of 2026 Court No. - 83 HON'BLE CHAWAN PRAKASH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been filed by the applicants with the prayer to allow this application and quash the charge sheet dated 22.12.2025, cognizance/summoning order dated 15.04.2026 and entire proceedings of Case No. 32806 (State Vs. Dileep Kumar and others), arising out of Case Crime No. 399 of 2025, under Sections 85, 115(2), 352, 351(3) BNS and Section 3/4 D.P. Act, Police Station Phoolpur, District Varanasi, pending before the Additional Chief Judicial Magistrate, Court No. 05, Varanasi. 3. After advancing certain argument at length by learned counsel for the applicants, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge sheet against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously in accordance with law. 4. Per contra, learned A.G.A. for the State states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not Versus Counsel for Applicant(s) : Ramji Singh Patel Counsel for Opposite Party(s) : G.A. Dileep Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) pressing the other prayers made in the instant application. 5. In view of the above, it is directed that in case the applicants appear/surrender before the concerned trial court within three weeks from today and apply for bail, their bail application shall be considered and decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another: (2021) 10 SCC 773. Till the aforesaid period of three weeks or till surrender before Court, whichever is earlier, no coercive steps shall be taken against the applicants in the aforesaid case. 6. With the aforesaid observations, this application is finally disposed of. September 8, 2026 Rmk. NA528 No. 34458 of 2026 2 (Chawan Prakash,J.) Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad