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Neutral Citation No. - 2025:AHC:21904 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 13711 of 2024 Petitioner :- Rohit Agarwal Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajeev Kumar Upadhyay Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present petition has been preferred with the prayer to issue suitable direction to decide the pending application of the petitioner filed for release of amount kept for security purposes of late Rajesh Agarwal.
3. It is the case of petitioner that petitioner's father namely Rajesh Agrawal was co- accused in a criminal case and for the purpose of his bail, security money in shape of Rs.1,75,00,000/- with instrument as demand draft was deposited before the court concerned. During pendency of the trial the father of petitioner who has been granted bail has already been expired on dated 16.09.2018. Petitioner being son of the deceased preferred an application for releasing of demand draft in favour of him being the legal heir but the same application is still pending since 2020 itself. Hence the instant petition has been preferred with aforesaid prayer.
4. Per contra, learned AGA vehemently opposed the prayer sought through the instant petition but he could not dispute the aforesaid facts.
5. Considering the longevity of the pendency of release application, innocuous prayer as made by learned counsel for the petitioner is hereby accepted.
6. Learned court of Additional Chief Judicial Magistrate, 3rd, Ghaziabad/ concerned court is hereby directed to dispose the Criminal Misc. Application filed in Case no. 3246 of 2014 (State vs. Purshotham and others), if there is no other legal impediment, as expeditiously as possible preferably within a period of two months from the date of production of certified copy of this order.
7. The instant petition stands disposed of accordingly. Order Date :- 14.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad