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2025 DAILYLAW 31382 (ALL)

ISLAM QURAISHI v. STATE OF U.P. AND ANOTHER

NA528/9042/2025 · 2025-03-19

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40278 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9042 of 2025 Applicant :- Islam Quraishi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Mohan Pandey,Ayush Kumar 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 482 Cr.P.C. has been preferred to quash the impugned non-bailable warrant dated 25.03.2024 passed by learned Civil Judge (Junior Division)/Magistrate 1st Class, Maudaha, District Hamirpur in Case No.26 of 2016 (State vs. Islam and Others) arising out of Case Crime No.1488 of 2015, under sections 295A, 379 I.P.C. and sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Maudaha, District- Hamirpur 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 apply 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 482 Cr.P.C. 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 one month from today and apply for bail, his bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till one month from today, no coercive action shall be taken against the applicant herein. Order Date :- 20.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad