HAJI AZAD @ HAJI BHOLU @ HAU v. STATE OF U.P. AND ANOTHER
A482/39089/2024 · 2025-07-15
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105872 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:114702 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39089 of 2024 Applicant :- Haji Azad @ Haji Bholu @ Hau Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Kant Shukla,Nikhil Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge sheet dated 01.09.2022, cognizance/summoning order dated 11.11.2022, non bailable warrant dated 15.07.2023 issued against the applicant and proceedings of Session Case No. 1701 of 2023 (State versus Haji Bholu @ Hau and Others) arising out of Case Crime No. 220 of 2021, under Sections 147, 352, 504, 506 I.P.C., P.S. Lohamandi, District Agra pending before Additional Session Judge, Court No. 13, Agra.
3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.
5. In view of the above, the relief as sought by the applicant in the instant application is refused.
6. However considering the aforesaid alternative prayer made by
learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as 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 three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 15.07.2023 shall be kept in abeyance.
8. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 16.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad