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2026 DAILYLAW 6019 (ALL)

YASHRAJ VERMA v. STATE OF U.P. AND ANOTHER

NA528/24740/2026 · 2026-09-07

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 24740 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA appearing for the State. 2. This present application has been filed for seeking quashing of chargesheet dated 04.12.2025 along with cognizance/summoning order dated 12.02.2026 and entire proceeding of Case No.8859 of 2026 (State Vs. Yashraj Verma), arising out of Case Crime No.98 of 2025, under Sections 281, 125(a), 125(b), 324(4), 105 BNS, P.S. Gwaltoli, District Kanpur Nagar, pending before learned court concerned. 3. On previous occasion, this Court passed the following order:- "1. Sri Bhaiyalal who is the owner of vehicle in question submitted before this Court today that due to torture of concerned Investigating Officer in shape of keeping him in illegal custody for four days which compelled him to make wrong statement and on that basis, chargesheet was submitted against applicant. 2. Sri Satyendra Kumar Tripathi, Sub-Inspector who was Investigating Officer in Case Crime No.98 of 2025 is present in person before this Court in compliance with the order dated 10.08.2026. 3. In view of the statements so made by Sri Bhaiyalal, Sri Satyendra Kumar Tripathi, S.I. is hereby directed to assist learned AGA with facts supported on the strict materials available. 4. Learned AGA is hereby requested to prefer detail reply whatsoever intended at the behest of said S.I. by 31.08.2026. 5. Put up this case on 31.08.2026 as fresh, till then, no coercive action shall be Versus Counsel for Applicant(s) : Saurabh Kumar Pandey, Vaiski Nath Mishra Counsel for Opposite Party(s) : G.A. Yashraj Verma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) initiated against applicant in pursuance of the said case. 6. It is also made clear that Sri Satyendra Kumar Tripathi, S.I. shall remain present before this Court on the next date fixed." 4. In compliance with the said order, learned AGA preferred counter affidavit today in the Court which is taken on record. 5. On perusal of the averments made in the said counter affidavit, narration of FIR as well as impugned order and chargesheet, 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 order along with chargesheet and entire proceedings of the said case, can be set aside. 6. Accordingly, the prayer sought through the instant application, is refused. 7. Lastly, learned counsel for applicant has 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. 8. 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 three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law laid. 9. However, it is made clear that till three weeks from today, no coercive action shall be taken against applicant herein in pursuance of aforesaid case. 10. Sri Satyendra Kumar Tripathi, S.I. is present in person before this Court, his personal appearance is exempted. September 8, 2026 Vivek Kr. NA528 No. 24740 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad