Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49740 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11208 of 2025 Applicant :- Rijwan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ruchita Jain 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 no. 205 of 2022 dated 01.08.2022 as well as summoning/cognizance order dated 16.09.2023 including the entire proceedings of Sessions Trial No. 1108 of 2023 (State vs. Sharif Ahmad @ Farid Ahmad & another) under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Nawabad, District-Jhansi, pending in the Court of learned Special Judge, Gangster Act/Additional Session Judge, Court No. 2, Jhansi as well as to stay the further proceedings of abovementioned case.
3. At the very outset, learned counsel for the applicant submitted that she is not pressing the application on merits and confined her 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