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2026 DAILYLAW 5391 (ALL)

KULDEEP BAGHEL v. STATE OF U.P. AND ANOTHER

NA528/34893/2026 · 2026-09-08

Nand Prabha Shukla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34893 of 2026 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Vivek Kumar Pal, learned counsel for the applicant, 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 allow the present criminal misc. application and quash the entire criminal proceeding of Case No. 19243 of 2022 (State Vs. Kuldeep Baghel) as well as Charge Sheet dated 18.05.2022 and cognizance order dated 23.06.2022 arising out of Case Crime No. 164 of 2022, under Sections 323, 324, 352, 506, 308 I.P.C., Police Station-Sirsaganj, District- Firozabad, pending in the court of learned Additional Chief Judicial Magistrate, Shikohabad, District-Firozabad and to stay further proceeding of the aforesaid Case. 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 applicant. 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 applicant is not on bail, it is directed that if the applicant appears or surrenders through counsel before the Trial Court and makes Versus Counsel for Applicant(s) : Janardan Yadav, Vivek Kumar Pal Counsel for Opposite Party(s) : G.A. Kuldeep Baghel .....Applicant(s) State of U.P. and Another .....Opposite Party(s) an 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 applicant moves 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 applicant in the aforesaid case. 8. With the aforesaid direction, this application is disposed of. September 9, 2026 Shivani Sri. NA528 No. 34893 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad