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2025 DAILYLAW 65666 (ALL)

SHUAIB ALIAS MOHD. SHUAIB AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/20079/2025 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123819 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 20079 of 2025 Applicant :- Shuaib Alias Mohd. Shuaib And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Opposite Party :- Bhuvnesh Kumar Singh,G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the entire proceeding of Criminal Case No. 9705 of 2025 (State versus Shuaib and others), under Sections 115(2), 352, 351(3), 333, 109, 117(2) B.N.S., Police Station- Heempur Deepa, District- Bijnor, arising out of Charge Sheet No. 03 of 2023 dated 13.01.2025 in connection with the Case Crime No. 169 of 2024, pending before the Court of learned of Additional Civil/ Judicial Magistrate, Court No. 2, Bijnor as well as summoning order dated 05.04.2025 in Criminal Case No. 9705 of 2025 issued by the aforesaid Court. 3. On the matter being taken up, learned counsel for the applicants have not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously. 4. Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants. 5. Accordingly, the relief as sought by the applicants through this application is refused. 6. Considering the aforesaid alternative prayer of the applicants, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law. 7. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. 8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 28.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad