MOHD. AZAD AHMAD ALIAS MOHD. AZAD v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
/69/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121055 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6847 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 69 of 2025 Applicant :- Mohd. Azad Ahmad Alias Mohd. Azad Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Faizal Hashmi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main reliefs:-
"A) To quash the impugned charge sheet dated 08.11.2024 (contained in annexure No. 1) in Case No. 27724/2024 (State of U.P. vs Mohd. Azad and others), arising out of Case Crime No. 0277 of 2024, Under Section 115(2), 351(2), 333 of B.N.S. & 67(c) of the Information Technology (Amendments) Act 2008, P.S.- Kaiserganj, District-Bahraich, issued by learned Chief Judicial Magistrate, Bahraich. B) To quash the entire trial proceedings of the Case No. 27724/2024 (State of U.P. vs Mohd. Azad and others), arising out of Case Crime No. 0277 of 2024, Under Section 115(2), 351(2), 333 of B.N.S. & 67(c) of the Information Technology (Amendments) Act 2008, P.S.- Kaiserganj, District- Bahraich, issued by learned Chief Judicial Magistrate, Bahraich." After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.
Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 31.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench