Disposed¶11

Vijay Bahadur Prasad v. State of U.P. and Another

Allahabad HC10 Apr 2025NA528/4764/2025

Case brief

AI extract

What is this about?

Section 528 BNSS quashing application; discharge application rejected 15.01.2025; Complaint Case No. 5152 of 2023 (Old No. 1081 of 2023); sections 323, 506 IPC; P.S. Bansdeeh Road, District Ballia; Civil Judge (Senior Division)/F.T.C./A.C.J.M. Ballia; no coercive action for 30 days; surrender and bail; expeditious bail consideration; Satender Kumar Antil (2021) 10 SCC 773; disposed of; Allahabad High Court; 2025:AHC:53904; Nand Prabha Shukla, J.; Order Date 11.4.2025.

What did the court decide?

Interim protection: no coercive action against the applicant for 30 days or till filing of the bail application, whichever is earlier; direction to the court below to consider and decide the bail application expeditiously in accordance with law, including Satender Kumar Antil (2021) 10 SCC 773. ¶11

Vijay Bahadur Prasad Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 15.01.2025 rejecting the discharge application and the entire proceedings of Complaint Case No. 5152 of 2023 under sections 323, 506 IPC should be quashed and the applicant discharged.

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Court's answer

No coercive action shall be taken against the applicant for a period of 30 days from the date of the order or till the time of applying for bail before the court concerned, whichever is earlier.

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Ratio / Principle

The application under Section 528 B.N.S.S. is disposed of, the applicant not pressing the quashing prayer on merits, with the direction that if the applicant surrenders and applies for bail, the bail application be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil.

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Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.; Neutral Citation 2025:AHC:53904): Application under Section 528 B.N.S.S. sought quashing of the order dated 15.01.2025 passed by the Civil Judge (Senior Division)/F.T.C./A.C.J.M., Ballia rejecting the applicant's discharge application, and of the entire proceedings of Complaint Case No. 5152 of 2023 (Old No. 1081 of 2023), Ramvilas Vs. Vijay Bahadur and others, under sections 323, 506 IPC, P.S. Bansdeeh Road, District Ballia. Counsel for the applicant did not press the application on merits and sought disposal with a direction for expeditious consideration of bail in terms of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. Held: no coercive action against the applicant for 30 days or till the filing of the bail application, whichever is earlier; application disposed of accordingly.

Vijay Bahadur Prasad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vijay Bahadur Prasad v. State of U.P. and Another

Case brief

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What did the court decide?

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What the court decided

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