Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49761 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11202 of 2025 Applicant :- Mohd Afzal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Sen Pal,Jay Devi 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 25.09.2023 as well as summoning order dated 06.12.2023 including the entire proceedings of Sessions Case No. 371 of 2023 (State vs. Mohd Afzal and others) arising out of Case Crime No. 207 of 2023, under Sections 4/7/21 of the Cigarettes and other Tobacco Products Act, 2003, P.S. Kareli, District-Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 7, Allahabad/Prayagraj 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 one month 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 one month from today, no coercive action shall be taken against the applicant herein.
Order Date :- 7.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad