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2025 DAILYLAW 20822 (ALL)

RAIS ALIAS MOHD. RAIS v. STATE OF U.P. AND ANOTHER

NA528/5857/2025 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141827 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5857 of 2025 Applicant :- Rais Alias Mohd. Rais Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arpit Mishra,Ramji Shukla 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. 2. This application under section 528 BNSS has been preferred to quash the impugned charge-sheet dated 22.07.1996 as well as order dated 22.08.2017 and 06.09.2022 sequentially passed by ADJ-IV and ADJ-XXI, Kanpur Nagar including the entire proceedings of Case No. 184 of 2017 (State vs. Rais) arising out of Case Crime No. 143 of 1996, under sections 18/20 of NDPS Act, Police Station-Kidwai Nagar, District-Kanpur Nagar, pending in the Court of learned ADJ-XXI, Kanpur Nagar as well as to stay the further proceedings of abovementioned case. 3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it in pursuance to impugned N.B.W. order dated 06.04.2018 and applies for bail, his bail application may be considered and decided expeditiously on same day in accordance with law, to which learned counsel for the respondents have no objection. 4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned in pursuance to impugned N.B.W. order dated 06.04.2018 within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously on same day in accordance with settled law. 5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 19.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad