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2025 DAILYLAW 104380 (ALL)

MOHAMAD NEHAL v. State of U.P. AND 2 OTHERS

A482/35121/2024 · 2025-04-08

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51251 Court No. - 84 Case :- APPLICATION U/S 482 No. - 35121 of 2024 Applicant :- Mohamad Nehal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abha Gupta,Shree Ram Pd Gupta Counsel for Opposite Party :- G.A.,Mohd Nasir Siddiqui,Sanjeev Kumar Pandey Hon'ble Deepak Verma,J. 1. Heard Ms. Abha Gupta, learned counsel for the applicant, Mohd. Nasir Siddiqui, learned counsel for the informant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned Charge Sheet No. 35 of 2024 dated 25.05.2024 and cognizance order dated 12.08.2024 Case No. 72058 of 2024 State Vs. Mohamad Nehal in Case Crime no. 0022 of 2024 U/s 354A, 354D and 506 I.P.C. P.S. Beconganj, District Kanpur Nagar pending before A.C.J.-II, Junior Division, Kanpur Nagar, against the applicant and stay the further proceedings of the Case No. 72058 of 2024 State Vs. Mohamad Nehal, Charge Sheet No. 35 of 2024 dated 25.05.2024 in Case Crime no. 0022 of 2024 U/s 354A, 354D and 506 1.P.C. P.S. Beconganj, District Kanpur Nagar pending before A.C.J.-II, Junior Divison, Kanpur Nagar and also stay the cognizance order dated 12.08.2024 passed by A.C.J.- II, Junior Divison, Kanpur Nagar. 3. On the matter being taken up, learned counsel for the applicant has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicant expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicant. 5. Accordingly the relief as sought by the applicant through this application is refused. 6. Considering the aforesaid alternative prayer of the applicant, it is directed that applicant shall surrender before the concerned Court below within two weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 7. For the period of two weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. 8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 9.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad