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2026 DAILYLAW 5119 (ALL)

VISHESH GARG AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14416/2026 · 2026-09-07

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14416 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Santosh Kumar Shukla, learned counsel for the applicants, Mr. Aqueel Ahmad, learned counsel for the opposite party No. 2, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to quash the judgment and order dated 11.12.2025 passed by the Sessions Judge, Bulandshahr in Criminal Revision No. 276 of 2025, (Vishesh Garg v. State of UP and Others) and the order dated 06.05.2025 Chief Judicial Magistrate, Bulandshahr in Misc. Case No.1632/2024 arising out of Case Crime No.5/2024 (Arun Garg Vs. Vishesh Garg and Others), under Sections 307, 323, 504, 506 IPC, Police Station-GRP, Bulandshahr. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. 4. Accordingly, prayer for quashing is declined. 5. In case, the applicants are not on bail, it is directed that if the applicants appear or surrender through counsel before the Trial Court and makes an Versus Counsel for Applicant(s) : Santosh Kumar Shukla Counsel for Opposite Party(s) : Aqueel Ahmad, G.A., Irfan Ahmad, Kripa Shankar Tiwari, Vaibhav Tyagi, Vinit Kumar Srivastava Vishesh Garg And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) application for bail within 45 days from the date of the order, the same shall be considered and disposed of expeditiously, after giving opportunity to the other side. 6. Further, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within six weeks thereafter. 7. For a period of 45 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 8, 2026 Aditya Tripathi NA528 No. 14416 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad