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Neutral Citation No. - 2025:AHC:81512 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17267 of 2025 Applicant :- Salman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under section 528 BNSS has been preferred to quash the charge-sheet no.532 of 2023 dated 17.08.2023 along with cognizance order dated 22.03.2024 and the entire proceedings of Case No.3256 of 2024 (State vs. Salman) arising out of Case Crime No.0577 of 2023, under section 60 of U.P. Excise Act, P.S. Tilhar, District- Shahjahanpur, pending before learned court of Judicial Magistrate, Tilhar, Shahjahanpur.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein. Order Date :- 16.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad