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2025 DAILYLAW 108344 (ALL)

MOHAMMAD HASAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/41546/2024 · 2025-07-24

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123407 Court No. - 77 Case :- APPLICATION U/S 482 No. - 41546 of 2024 Applicant :- Mohammad Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yatharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA. 2. The present application has been preferred for seeking quashing of the chargesheet dated 21.08.2022 and summoning order dated 08.04.2024 passed in Criminal Case No.2245 of 2024 (State Vs. Mehndi Hasan and others), arising out of Case Crime No.100 of 2022, under Section 3/5 of Prevention of Damage to Public Property Act, P.S. Adalhat, District Mirzapur, pending in the court of learned Chief Judicial Magistrate, Mirzapur. 3. After arguing at some length, learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrender before it and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned AGA has no objection. 4. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein in the present case. Order Date :- 25.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad