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2025 DAILYLAW 66210 (ALL)

IMRAN ALIAS IRFAN v. STATE OF U.P. AND 2 OTHERS

NA528/20817/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106296 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20817 of 2025 Applicant :- Imran Alias Irfan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Kumar Pandey 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 for quashing the order dated 15.05.2025 passed by learned Chief Judicial Magistrate, Bijnor in Case Crime No.181 of 2025 (State vs. Imran @ Irfan) under sections 109(1), 317(5), 3(5) BNS and sections 3/25/27 of Arms Act as well as Case Crime No.132 of 2025 (State vs. Imran @ Irfan) under sections 305A, 331(4), 317(2) BNS, P.S. Dhampur, District- Bijnor, through which the application preferred at the behest of applicant seeking rejection of the remand of applicant in above-mentioned case crime numbers, is hereby rejected. 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 :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad