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Neutral Citation No. - 2025:AHC:130233 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 10798 of 2025 Applicant :- Nazir Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Saxena,Sadashiv Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application has been filed by applicant for quashing the non-bailable warrant dated 17.3.2025 passed by Additional Session Judge/POCSO Act-II, Pilibhit in Session Case No. 268 of 2025, arising out of Case Crime No. 223 of 1993, under section 304 IPC, Police Station Bisalpur, District Pilibhit. Further to quash the entire proceedings of Session Case No. 268 of 2025, arising out of Case Crime No. 223 of 1993, under section 304 IPC, Police Station Bisalpur, District Pilibhit, pending before Additional Session Judge/Pocso Act-II, Pilibhit.
3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 20 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party.
6. The application is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 4.8.2025 S.Prakash Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad