NEERAJ BHARDWAJversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 9494 of 2026

Neeraj Bhardwaj
                                                              .....Applicant(s)
                                   Versus
State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)      : Pankaj Dwivedi
Counsel for Opposite Party(s) : Ashish    Kumar    Srivastava,           G.A.,
                                Virendra Kumar Srivastava

Court No. - 78
                 HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Pankaj Dwivedi learned counsel for the applicant, Mr.
Virendra Kumar Srivastava, learned counsel for the opposite party No. 2,
learned A.G.A. for the State and perused the record.

2. The present application under Section 528 BNSS has been filed with a
prayer to quash the impugned charge sheet dated 27.02.2025, cognizance
order/summoning order dated 09.01.2026 passed by learned Chief Judicial
Magistrate, Agra as well as entire proceeding of Case No. 2390 of 2026
(State Vs. Neeraj Bhardwaj & others), arising out of Case Crime No. 480 of
2022, under Sections 498A, 323, 504, 506 IPC & 3/4 of Dowry Prohibition
Act, Police Station-Sikandara, District-Agra, pending in the court of learned
Chief Judicial Magistrate, Agra.

3. From the perusal of the material on record and looking into the facts of the
case, at this stage, it cannot be said that no offence is made out against the
applicant. All the submissions made at the bar relate to the disputed
questions of fact, which cannot be adjudicated upon by this Court. Only in
cases where the Court finds that there has been failure of justice or abuse of
procedure, this power may be exercised to prevent the abuse of process to
secure the ends of justice.

4. Accordingly, prayer for quashing is declined.

5. In case, the applicant is not on bail, it is directed that if the applicant
appears or surrenders through counsel before the Trial Court and makes an
application for bail within 45 days from the date of the order, the same shall
be considered and disposed of expeditiously, after giving opportunity to the
other side.
                                                                                              NA528 No. 9494 of 2026
                                                                     2

                                    6. However, in the interest of justice, it is further provided that in case the
                                    applicant moves an application for discharge at an appropriate stage through
                                    counsel within 45 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.

                                    7. For a period of 45 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.

                                    8. With the aforesaid direction, this application is disposed of.

                                    March 25, 2026
                                    Shivani
                                                                                        (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad