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Neutral Citation No. - 2025:AHC:122428 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23077 of 2025 Applicant :- Mahmood And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haya Rizvi,Zia Rizvi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including order dated 19.09.2024, of Case No. 460/9 of 2019 (State Vs. Ajay and others), arising out of Case Crime No.358 of 2010, under Section 430 IPC, P.S.- Shahpur, District- Muzaffarnagar, pending in the court of Civil Judge (J.D.), Court No.2, Muzaffarnagar.
3. Learned counsel for the applicants submitted that in the aforesaid case applicants were on bail but later they could not appear before the trial Court due to some urgency and due to that reason non-bailable warrants have been issued against applicants. It was submitted that the prayer made above is not being pressed and the applicants would appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicants expeditiously in accordance with law and protection may be granted till then.
4. In view of aforesaid, it is directed that in case applicants surrender before the court concerned within a period of two weeks
from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till the applicants surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 25.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad