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2025 DAILYLAW 69827 (ALL)

MOHAMMAD NADEEM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/22970/2025 · 2025-07-28

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125663 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 22970 of 2025 Applicant :- Mohammad Nadeem And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- Bhiya Vikash Bharti,Dewarshi Kumar Rai,G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Sri Dewarshi Kumar Rai, learned counsel for the opposite party no.2 and learned AGA for the State-respondent. 2. This application has been filed by applicants for quashing the entire proceedings of Criminal Case Crime No.49721 of 2025, under sections 498-A, 323, 307 I.P.C., Police Station Kotwali, District Mathura as well as charge sheet dated 15.10.2024 and the cognizance order dated 24.4.2025 passed by Additional Chief Judicial Magistrate, Court No.1, Mathura. 3. After some argument, learned counsel for the applicants state that he may be permitted to withdraw this application with liberty to file bail/anticipatory bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicants to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail/anticipatory bail, for a period of 30 days, no coercive action shall be taken against the applicants. In case, the bail/anticipatory bail application is preferred by the applicants before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any party. While considering the bail application of the applicant, the court below shall keep in mind the principles of law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. 6. The application is dismissed as withdrawn with the aforesaid liberty and direction. Order Date :- 29.7.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad