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Neutral Citation No. - 2025:AHC:43313 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9334 of 2025 Applicant :- Mohd Ashif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeshwar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to set aside the entire proceedings of Case no. 2371 of 2019 (State vs. Mohd. Asif) as per Case Crime no. 0309 of 2018 under Section 3/25 Arms Act, Police Station- Shivkuti, District- Allahabad as well as stay the summoning order dated 27.11.2024 passed by learned Additional Chief Judicial Magistrate, Room 2, Allahabad in Trial no. 2371 of 2019 (State vs. Mohd. Asif), PS-Shivkuti, District Allahabad/Prayagraj.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within one month from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of one month from today, no coercive action shall be taken against the applicant.
7. It is made clear that in the event no such application is moved
within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application under Section 528 BNSS stands disposed of.
Order Date :- 24.3.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad