Neutral Citation No. - 2025:AHC:90782 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 12278 of 2025 Applicant :- Jamashed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muhammad Azam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Learned A.G.A. for the State has filed compliance affidavit in the Court today, which is taken on record. Heard Mr. Muhammad Azam, learned counsel for the applicant as well as Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. The present 528 BNSS, application has been filed with the prayer to quash the charge sheet dated 30.09.2015 along with the impugned Cognizance/Summoning order dated 11.01.2016 and the entire proceeding of Criminal Case No.66 of 2016 (State vs. Afzal and Others), arising out of Case Crime No.1056 of 2015, under Sections 147, 323, 504, 506 I.P.C. and Section 3(1)X SC/ST Act, Police Station- Lotan, District- Siddharth Nagar. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission mentioning paragraph no.20 of this application, requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him for a short period. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned Court below within three weeks from today. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant and for hearing the applicant on surrender application. On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law, after hearing the informant/opposite party no.2, keeping in view the guidelines as laid down by the Hon’ble Apex Court. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. With the above observations and directions, this application under Section 528 BNSS is disposed off. Order Date :- 27.5.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad