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2025 DAILYLAW 61289 (ALL)

MOHAMMAD AZMERI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/21381/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106679 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21381 of 2025 Applicant :- Mohammad Azmeri And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA. 2. The present application has been preferred for seeking quashing of the chargesheet dated 12.03.2023 and cognizance order dated 05.04.2025 as well as entire proceedings of S.S.T. No.407 of 2025 (State Vs. Mohd. Ikrar and others), arising out of Case Crime No.94 of 2024, under Section 2/3 of U.P. Gangster Act, P.S. Hathgaon, District Fatehpur, pending in the court of learned Addl. Session Judge, Court No.3/Special Judge (Gangster Act), Fatehpur. 3. After arguing at some length, learned counsel for applicants 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 applicants surrender before it and apply for bail, their 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 AGA has no objection. 4. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their 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 applicants herein in the present case. Order Date :- 7.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad