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Neutral Citation No. - 2025:AHC:78471 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16581 of 2025 Applicant :- Shomin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Darwari Lal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to quash the impugned charge sheet dated 05.09.2020 as well as cognizance
order dated 20.01.2021 and summoning order dated 08.03.2021 passed by learned Chief Judicial Magistrate, District Aligarh in Case no. 647/2021, (State of U.P. vs. Shomin Khan) arising out of Case Crime no. 670 of 2019 under sections 420 IPC & 66D Information Technology (Amendment) Act, 2008, PS- Civil Lines, District Aligarh pending in court of learned Chief Judicial Magistrate, Aligarh.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of three weeks from today, no coercive action shall be taken against the applicant.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application under Section 482 Cr.P.C. stands disposed of.
Order Date :- 13.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad