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2025 DAILYLAW 191495 (ALL)

FARMAN v. STATE OF U.P. AND ANOTHER

NA528/40576/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40576 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant and the learned AGA for the State and perused the record. 2. This application under Section 528 BNSS has been filed with the prayer to quash to quash the charge sheet dated 12.3.2019 along with cognizance/ summoning order dated 5.4.2021 passed by the learned Additional Sessions Judge/ F.T.C. IInd, Amroha in Special Sessions Case No. 200 of 2021 arising out of Case Crime No. 583 of 2018 under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.- Hasanpur, District- Amroha. Further prayer has been made to stay the effect and operation of the aforesaid order. 3. Learned counsel for the applicant submits that earlier the applicant had been granted bail by the competent court but subsequently for some unavoidable reasons he could not appear before the trial court in person but however exemption applications were moved through counsel but the learned trial Court passed an order issuing non-bailable warrants against him. It is further submitted that the applicant has every intention to appear before the court concerned and participate in the trial. 4. Learned AGA has opposed the prayer. 5. In the last, learned counsel for the applicant has urged that direction for expeditious disposal of the bail application of the applicant be given. 6. Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction that the applicant shall appear before the Court concerned and apply for bail within thirty days from today, the Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Farman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) same shall be considered and decided by the Court concerned in accordance with law. For a period of thirty days from today or till the disposal of the application moved by the applicant, whichever is earlier, no coercive action shall be taken against the applicant. 7. It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned. 8. With the above observations, the application stands disposed of. October 17, 2025 Fhd NA528 No. 40576 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad