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2025 DAILYLAW 58117 (ALL)

ABDUL KADIR ALIAS KADIR KHAN v. STATE OF U.P. AND ANOTHER

NA528/17015/2025 · 2025-05-27

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:91143 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17015 of 2025 Applicant :- Abdul Kadir Alias Kadir Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present Application and set- aside the impugned order dated 15.12.2023, passed by Judicial Magistrate-I, Hapur issuing N.B.W./ 82 proceeding in Complaint Case no. 11511 of 2021 (Smt. Nisha Praveen Vs. Abdul Kadir), u/s 406 I.P.C., Police Station- Babugarh, District- Hapur and also direct the trial court to decide the Bail Application of the Applicant in the light of Judgment of Hon'ble Apex Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another (2021) 10 SCC 773." 3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicant 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 applicant appears/ surrenders before the court below within a period of two weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant 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