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2025 DAILYLAW 20932 (ALL)

FURQUAN v. STATE OF U.P. AND ANOTHER

NA528/5323/2025 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141826 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 5323 of 2025 Applicant :- Furquan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Kumar Tiwari 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 28.06.2024 as well as summoning/cognizance order dated 25.09.2024 including the entire proceedings of Case No. 1230 of 2024 arising out of Case Crime No. 183 of 2024, under section 354-D I.P.C. and section 66-D of I.T. Act, Police Station-Akrabad, District-Aligarh, pending in the Court of learned Civil Judge (J.D.), F.T.C.-Ist Court, Aligarh 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 and applies for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) 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 within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously 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