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Neutral Citation No. - 2025:AHC:108928 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20532 of 2025 Applicant :- Irfan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Ji 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 perused the record.
2. This application has been filed by the applicant to quash the entire proceeding of Criminal Case No.6360 of 2022 (State vs. Irfan) arising out of Case Crime No.36 of 2016, under Sections 3/5/8 Cow Slaughter Act, Police Station Behat District Saharanpur including the charge sheet dated 24.02.2016 as well as cognizance/summoning order dated 10.5.2016 and N.B.W. order dated 5.10.2024 passed by learned Additional Chief Judicial Magistrate, Saharanpur.
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 moves application for bail, 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 under Section 528 BNSS is finally disposed of.
Order Date :- 9.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad