HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1073 of 2026 Court No. - 87 HON'BLE ABDUL SHAHID, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the revisionist and learned A.G.A. for the State. 3. The present criminal revision has been filed by the revisionist against the impugned order dated 11.12.2025 passed by the learned court of Chief Judicial Magistrate, Bulandshahar in Criminal Case No. 9319 of 2025 (State Vs Vishal Yadav), whereby the learned court of Chief Judicial Magistrate, Bulandshahar has rejected the discharge application of the Revisionist, rejecting the request to discharge from the offence Under Sections 74, 351(2), 70(1) of B.N.S. in Case Crime No. 58 of 2025, related to Police Station Ramghat, District Bulandshahar. 4. The present criminal revision has been filed by the revisionist against the order dated 11.12.2025. Learned trial court has passed order that the application filed by the accused under section 252 B.N.S.S. is hereby rejected. The accused/Vishal Yadav has not obtained the bail in the said matter and he is not appearing before the court, hence there is no possibility of the proceedings of the case further. Hence, the file of the accused/Vishal Yadav be separated from the accused/Devdatt as per law. The proceedings against the accused Vishal Yadav shall continue in terms of the earlier orders passed. The present criminal revision has been filed by the accused Vishal Yadav Versus Counsel for Revisionist(s) : Neeraj Kumar Yadav, Dharmendra Kumar Mishra, Rohit Kumar Sharma Counsel for Opposite Party(s) : G.A. Vishal Yadav .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 5. Learned counsel for the revisionist has relied upon the order dated 30.10.2025 passed by this Court in an application under Section 528 B.N.S.S. No. 34657 of 2025 (Vishal Yadav vs. State of U.P. and another). The revisionist, Vishal Yadav, had filed the said application seeking quashing of the entire proceedings, including the impugned charge-sheet dated 28.06.2025 as well as the cognizance/summoning order dated 02.08.2025 passed by the learned Chief Judicial Magistrate, Bulandshahar, in Case No. 9319 of 2025 (State vs. Vishal Yadav and another), arising out of Case Crime No. 58 of 2025, under Sections 74, 351(2), and 70(1) of the B.N.S., Police Station Ramghat, District Bulandshahar, pending before the learned Chief Judicial Magistrate, Bulandshahar. The Court declined the prayer for quashing. The Court declined the prayer for quashing. However, it further observed as follows: "However, in the interest of justice, it is provided that in case the applicant moves an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 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. With the aforesaid direction, this application is disposed of." 6. The learned trial court considered the discharge application and passed a reasoned and speaking order. As per the F.I.R., the incident is dated 28.03.2025 at about 15:30 hours, and allegations have been made against accused Dev and Vishal Yadav that they came to the house of the complainant. The co-accused Dev is a resident of village Nagla Gardi, whereas the applicant is a resident of village Jargawa. It was contended that the applicant has no shop and never visits the shop of Dev. The learned trial court observed that the applicant has taken a plea of alibi. However, such a plea cannot be adjudicated at the stage of discharge. At the stage of discharge, the trial court is required to examine whether, on the basis of the prosecution evidence, a prima facie case is made out against the accused or not. The correctness or truthfulness of the defence evidence cannot be examined at this stage. Appreciation of medical evidence or conducting a mini-trial is not permissible at the stage of discharge. 7. The learned trial court has passed a reasoned and speaking order. Hence, there is neither any illegality nor any irregularity in the impugned order. CRLR No. 1073 of 2026 2 8. The criminal revision is liable to be dismissed and it is dismissed accordingly. February 26, 2026 K.K. Maurya CRLR No. 1073 of 2026 3 (Abdul Shahid,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad