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Neutral Citation No. - 2025:AHC:90009 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17889 of 2025 Applicant :- Hamid Ali Opposite Party :- State of U.P. Counsel for Applicant :- Subham Singh Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application has been filed by the applicant for quashing the entire further proceedings in Criminal Case No. 67940 of 2024 (State Vs. Hamid Ali) arising out of charge sheet and order of cognizance dated 17.08.2024 in the offence registered in Case Crime No. 529 of 2023, under Sections 323, 504, 506, 420, 406 IPC at Police Station- Shikohabad, District-Firozabad, pending before court of Additional Special Judicial Magistrate, District Firozabad.
3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
6. The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 27.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad