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2026 DAILYLAW 8378 (ALL)

MONI v. STATE OF U.P. AND ANOTHER

NA528/40963/2026 · 2026-09-23

Samit Gopal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40963 of 2026 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mithilesh Kumar Gupta, learned counsel for the applicant, Sri Triveni Saran Rai, learned counsel for the State and perused the record. 3. This application under Section 528 BNSS has been filed by the applicant Moni with the prayer to allow this application and to quash the entire proceedings of charge sheet No. A48 of 2026 dated 19.02.2026, cognizance order dated 24.03.2026 passed by Special Judge, SC/ST (P.A.), Act, Ghazipur in Special Trial No. 169 of 2026 (State Vs. Moni), under Sections 115(2), 352, 351(3) BNS and Section 3(2)5a, 3(1)(r)(s) of SC/ST Act arising out of Case Crime No. 46 of 2026, Police Station Kasimabad, District Ghazipur and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application. 4. At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant as expeditiously as possible. He further states that although the prayer has been made for quashing and staying the proceedings of the aforesaid case but he does not press the same. 5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant. 6. In view of the above, the prayer for quashing and staying the further proceedings of the aforesaid case is dismissed as not pressed. 7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant it is Versus Counsel for Applicant(s) : Anju Pandey, Ayush Kumar Gupta, Mithilesh Kumar Gupta Counsel for Opposite Party(s) : G.A. Moni .....Applicant(s) State of U.P. and Another .....Opposite Party(s) directed that if the accused-applicant surrenders before the trial court concerned or on before 08.10.2026 and applies for bail, the same shall be considered and decided expeditiously in accordance with law. It is further relevant to mention that the applicant is a lady which fact should also be brought to the notice of the court concerned. 8. The present application stands disposed of. 9. Registrar (Compliance) to communicate this order to the concerned trial court within one week. September 24, 2026 M. ARIF NA528 No. 40963 of 2026 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad