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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38320 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Zaheer Asghar holding brief for Shri Mehdi Abbas, learned counsel for the applicants and the learned AGA for the State and perused the record. 3. This application under Section 528 of BNSS has been filed with the prayer to quash the order dated 18.4.2025 passed by the Special Judge (Gangster Act)/Additional Sessions Judge, Court No.8, Bulandshahr in Special Case No. 3170 of 2023, arising out of case crime no. 151 of 2022, under Section 2/3 U.P. Gangster Act, P.S. Dibai, District BNulandshahr and further to say the effect and operation of the said order. 4. It is submitted by the learned counsel of the applicants that in this matter the applicants were remained present before the Court on each and every date and on one date when exemption application was moved by the applicants through counsel the same was rejected by the trial court and further an order to issue non- bailable warrant against the accused persons was also passed. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. 5. Learned AGA has opposed the prayer. 6. I have considered the submissions made by the learned Versus Counsel for Applicant(s) : Mehdi Abbas Counsel for Opposite Party(s) : G.A. Ajaj And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
counsel for the parties and have gone through the entire record carefully. 7. It appears that the present applicants have been cooperative with the trial court and on one date only i.e. 18.4.2025 an exemption application was moved by them. It also appears that not only non-bailable warrant was issued against them but bail granted to them was also cancelled by the trial court. It also reveals from the perusal of the record that so far as charges have not been framed in the matter due to non-cooperation of the accused persons as they do not appear before the Court concerned all together. 8.
In view of the above, the applicants Ajaj, Aleem, Saleem, Bablu, Shadan @ Junna are directed to appear before the trial court within three weeks from today and apply for bail and if they appear and apply for bail, the trial court shall consider and decide their bail applications in accordance with law and an undertaking be also given by them that on each and every date they shall appear before the trial court. 9. With the aforesaid observations, the application stands disposed of. October 7, 2025 safi NA528 No. 38320 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad