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2025 DAILYLAW 151025 (ALL)

M/S ALEENA SECURITIES PVT. LTD. THRU. ITS DIRECTOR SHAIL MINHAJ KHAN AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/5639/2025 · 2025-07-16

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40676 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5639 of 2025 Applicant :- M/S Aleena Securities Pvt. Ltd. Thru. Its Director Shail Minhaj Khan And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Madhulika Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. Heard Ms. Rashmi Yadav Advocate holding brief of Ms. Madulika Yadav, learned counsel for the applicants/petitioners and learned AGA for the State. Instant petition under Section 482 Cr.P.C./528 B.N.S.S. has been preferred by the applicants/petitioners for quashing the impugned order of Non- Bailable Warrant, initiating the proceedings under sections 82 and 83 Cr. P.C., dated 29.4.2024 and impugned order of forfeiting the bail bonds of the petitioner no.2, initiating the proceedings of recovery, under section 446 Cr. P.C., dated 24.7.2024, passed by the learned Special Judge, N.I. Act, Lucknow, in Complaint Case No. 1353 of 2017; Ashish Shivhare Versus M/S Aleena Securities Pvt. Ltd. and another, under section-138 of Negotiable Instrument Act, relating to the Police Station- Hazratganj, District- Lucknow. After arguing at some length, learned counsel for the applicants/petitioners has submitted that he does not want to press the petition and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2021) 10 SCC 773. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants/petitioners. On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants/petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of two weeks thereafter, in view of law laid down in the case of Satender Kumar Antil (supra). The application/petition is, accordingly, dismissed. (Rajnish Kumar,J.) Order Date :- 16.7.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench