ASHFAK KHAN @ MOHAMMAD ASFAK KHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3974/2025 · 2025-05-14
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139506 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139506 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 14 Case :- APPLICATION U/S 482 No. - 3974 of 2025 Applicant :- Ashfak Khan @ Mohammad Asfak Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jay Kumar Soni,Nevedita Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Ms. Nivedita Gupta, Advocate holding brief of Shri Jai Kumar Soni, 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 applicants with the following prayer:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet no. 125/2015 dated 28.09.2015 as well as Non Bailable Warrant (NBW) order dated 05.08.2023, in Case No. 7/2016 (state Versus Sarvar and others) arising out of Case Crime No. 183/2015, under Section 3/5A/8 Prevention of Cow Slaughter Act, Police Station Haidargarh, District Barabanki pending in the Court of learned Additional Chief Judicial Magistrate, Court no. 17, as contained in Annexure no. 1 and 2 to this petition. And it is further prayed that this Hon'ble court may kindly be pleased to direct the learned Court below to decide the bail application on the same day to release the applicant on bail, on the same day, in the light of provision Satendra Kumar Antil versus CBI in the interest of justice"
3. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants. 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 applicants apply 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 14.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench