SUDESH PASWANversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 37373 of 2026

Sudesh Paswan
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Manoj Kumar Singh
Counsel for Opposite Party(s)                :   G.A.

Court No. - 75
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.

2. This application has been filed for quashing of the proceedings of Case
No. 60338 of 2026 (State Vs. Suraj Kumar Uraon and others) under
Sections 147, 148, 149, 332, 353, 427, 323, 504, 506, 452, 283, 505(1)(b)
I.P.C., Section 3/4 of Prevention of Damages to Public Property Act and
Section 7 Criminal Law Amendment Act, Police Station Lanka, District
Varanasi pending before learned Additional Chief Judicial Magistrate-III,
Varanasi and also to quash the charge sheet dated 05.05.2025 as well as
cognizance/summoning order dated 04.05.2026 passed in the aforesaid
case.

3. Learned counsel for the applicant has contended that initially F.I.R.
was lodged against 12 named and one unknown person, in which the
applicant was not named in the F.I.R., however his name surfaced in the
statement of co-accused. Learned counsel further argued that no offence
against the applicant is disclosed and the present prosecution has been
instituted with a malafide intention for the purpose of causing harassment.
He pointed out certain documents and statements in support of his
contention.

4. On perusal of the record, the Court finds that the allegations made in
the first information report disclose commission of a cognizable offence
and those allegations have found support from the material collected
during the course of investigation on the basis whereof the police has laid
a charge sheet against the applicant.

5. This Court in exercise of its power under section 528 of B.N.S.S., is not
required to assess the correctness of the allegation and the reliability of
the material collected during the course of investigation, the prayer to
quash the charge sheet and the consequential proceeding is rejected.
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                                    6. At this stage, the learned counsel for the applicant submits that the
                                    applicant has so far not been arrested in the above case and the police is
                                    seeking to arrest the applicant and there may be coercive processes issued
                                    against the applicant by the court concerned therefore, some direction
                                    may be issued to the court concerned for consideration of the bail prayer
                                    of the applicant.

                                    7. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of
                                    Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of
                                    2021, decided on 07.10.2021) has already laid down guidelines for grant
                                    of bail, without fettering the discretion of the courts concerned and the
                                    statutory provisions governing consideration in grant of bail, no specific
                                    direction need be issued by this Court as it is expected that the court
                                    concerned will take into consideration the necessary guidelines already
                                    issued by the Apex court.

                                    8. With the aforesaid observations, the application is disposed off.




                                                                                  (Dr. Gautam Chowdhary,J.)
                                    September 8, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad