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2025 DAILYLAW 57579 (ALL)

ANIS AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17064/2025 · 2025-05-27

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91031 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17064 of 2025 Applicant :- Anis And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including summoning order dated 21.08.2024, of Complaint Case No.6462 / 9 of 2024 (Iliyas Vs. Arif and others), under Sections 147, 148, 323, 307, 504, 506 IPC, Police Station- Jhinjhana, District- Shamli, pending before the Court of Civil Judge (J.D.) / Judicial Magistrate, Kairana, Shamli. 3. After arguing at some length, learned counsel for the applicants submitted that the prayer made above is not being pressed and the applicants are willing to appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicants expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicants appear / surrender before the court below within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of four weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 28.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad