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2026 DAILYLAW 7750 (ALL)

FAIZAL v. STATE OF U.P. AND ANOTHER

NA528/39241/2026 · 2026-09-15

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39241 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard learned counsel for parties. 2. Present application has been preferred with the prayer to quash the chargesheet dated 15.6.2025 and cognizance/summoning order dated 7.10.2025 as well as entire proceedings of Case no. 21291 of 2025 (State of U.P. vs. Ballu and others) arising out of Case Crime no. 52 of 2025, under Sections 303(2) BNS, P.S.- Marhara, District Etah, pending in the court of learned Chief Judicial Magistrate, Etah. 3. On perusal of the 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, chargesheet and entire proceeding, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. 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. 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 surrender before Versus Counsel for Applicant(s) : Chandra Shekhar Pal, Sunil Kumar Yadav Counsel for Opposite Party(s) : G.A. Faizal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the court concerned within a period of 15 days from today and apply for bail and if there is no other legal impediment before court concerned, his bail application shall be considered and decided expeditiously in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 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. September 16, 2026 Shaswat NA528 No. 39241 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad