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2025 DAILYLAW 129430 (ALL)

SMT. SHAHNAZ @ SAHNAAZ QURAISHI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/224/2025 · 2025-04-18

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22025 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 224 of 2025 Applicant :- Smt. Shahnaz @ Sahnaaz Quraishi Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohammad Faizan,Abdul Wazay,Shubhankar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Mohammad Faizan, learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- " For the facts, reasons and circumstances stated in the accompanying Affidavit, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash/ set aside the order dated 14.10.2024 passed by the learned Additional District Judge, Room no. 17, Lucknow, issuing Non-Bailable Warrant against the applicant in sessions trial No. 36701/2015 (State Versus Smt. Shahnaz and another), arising out of charge sheet dated 28.06.2015 (Charge Sheet No.30/2015) pertaining to Case Crime No.293/2014, Under section- 46 7, 468, 471, 272, 285, 338, 304, 120B and 420 of IPC at Police Station- Bazar Khala, District- Lucknow. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation of the order dated 14.10.2024 passed by the learned Additional District Judge, Room no. 17, Lucknow, issuing Non-Bailable Warrant against the applicant in sessions trial No. 36701/2015 (State Versus Smt. Shahnaz and another), arising out of charge sheet dated 28.06.2015 (Charge Sheet No.30/2015) pertaining to Case Crime No.293/2014, Under section- 467, 468, 471, 272, 285, 338, 304, 120B and 420 of IPC at Police Station- Bazar Khala, District- Lucknow during pendency of the instant application, in the interest of justice.." 3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 . 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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, their prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Taking note of the facts of the case and also the observations made 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, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 18.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench