Bablu Das Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bablu Das Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application finally disposed of with a direction to the court concerned that if the applicant surrenders within three weeks and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant till three weeks from the order. The quashing prayer was not pressed on merits.

Issue for consideration

Whether the chargesheet no.01 of 2022 dated 09.10.2022, the cognizance/summoning order dated 05.12.2022 and the entire proceedings of Criminal Case No.0228515 of 2022 arising out of Case Crime No.0063 of 2021 should be quashed. +1 more

Court's answer

The application under section 528 BNSS was not pressed on merits; counsel confined the prayer to a direction that if the applicant surrenders and applies for bail, the bail application be considered and decided expeditiously in accordance with settled law; the application was accordingly finally disposed of with that direction.

Ratio / Principle

Till three weeks from the date of the order, no coercive action shall be taken against the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Saurabh Srivastava,J.; Neutral Citation 2025:AHC:74370; Order Date 8.5.2025) — Application under section 528 BNSS (No. 7074 of 2025) by Bablu Das seeking quashing of chargesheet no.01 of 2022 dated 09.10.2022 and cognizance/summoning order dated 05.12.2022 in Criminal Case No.0228515 of 2022 (State vs. Gangadher Mandal), arising out of Case Crime No.0063 of 2021, under sections 417, 420 I.P.C. and section 66D of I.T. Act, P.S. Cyber Crime, District Varanasi, pending before Additional Chief Judicial Magistrate 1st, Varanasi. Counsel did not press the application on merits and confined the prayer to an expeditious-bail direction invoking Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825), to which the opposite parties had no objection. Held: application finally disposed of with a direction that if the applicant surrenders within three weeks and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law; and no coercive action shall be taken against the applicant till three weeks from the date of the order. Quashing question left undecided on merits.

Neutral Citation No. - 2025:AHC:74370

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 7074 of 2025

Applicant :- Bablu Das Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uma Dutt Shukla Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This application under section 528 BNSS has been preferred to quash the chargesheet no.01 of 2022 dated 09.10.2022 along with cognizance/summoning order dated 05.12.2022 and the entire proceedings of Criminal Case No.0228515 of 2022 (State vs. Gangadher Mandal) arising out of Case Crime No.0063 of 2021, under sections 417, 420 I.P.C. and section 66D of I.T. Act, P.S. Cyber Crime, DistrictVaranasi, pending before learned court of Additional Chief Judicial Magistrate 1st, Varanasi as well as to stay the further proceedings of above-mentioned case.

At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.

In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.

Order Date :- 8.5.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad