Allahabad High Court
Shailendra Singh vs State Of U.P. And Another on 19 March, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:39435 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 8843 of 2025 Applicant :- Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to quash the impugned charge sheet dated 2.2.2024 alongwith cognizance/summoning order dated 20.8.2024 passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court no. 1, Fatehpur in Case no. 16673 of 2024, State vs. Shailendra Singh as well as entire proceedings of Case no. 16673 of 2024, State vs. Shailendra Singh, arising out of Case Crime no. 217 of 2023 under sections 419, 420, 406 IPC & 66D of I.T. Act, PS-Malwan, District Fatehpur, pending in the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court no. 1, Fatehpur. Further prayer has been made to stay the proceeding of Case no. 16673 of 2024 during pendency of present application.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of one month from today, no coercive action shall be taken against the applicant.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application under Section 528 BNSS is finally disposed of.
Order Date :- 19.3.2025 Shaswat