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2025 DAILYLAW 105867 (ALL)

ASIF v. STATE OF U.P. AND 3 OTHERS

ABAIL/10985/2024 · 2025-01-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6127 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10985 of 2024 Applicant :- Asif Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Syed Ali Imam, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 491 of 2023, under Section 363, 354 I.P.C. and Section 7/8 of POCSO Act, Police Station- Madhuban Bapudham, District- Ghaziabad. 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. Charge sheet has been submitted. 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 if applicant surrenders before the concerned Court below within two weeks from today and applies for regular 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 anticipatory bail application stands disposed of. Order Date :- 15.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad