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Neutral Citation No. - 2025:AHC:109380 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20307 of 2025 Applicant :- Satish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Husain Khan,Lakshya Jauhari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
2. This application has been filed by the applicant to quash the charge-sheet dated 11.12.2011, cognizance order dated 21.05.2012 as well as entire criminal proceedings in Case no. 2378/2012 (State of U.P. vs. Rafikurrahman & others) arising out of Case Crime no. 424/2010 under sections 147, 148, 149, 332, 353, 336, 152, 186, 187, 171 & 427 IPC, 130, 135 & 136 The Representation of the People Act, 2/3 of Prevention of Damage to Public Property Act, 7 Criminal Law Amendment Act, PS- Puramufti, District Kaushambi, pending before the court of learned C.J(J.D.)/F.T.C.-2, District Kaushambi.
3. At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
4. Learned AGA has no objection to the prayer so made.
5. Considering the above submissions and taking into
consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).
6. For a period of three weeks from today, no coercive action shall
be taken against the applicant.
7. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
8. With the above direction, the instant application stands disposed of.
Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad