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2025 DAILYLAW 80378 (ALL)

KHURSHID ALIAS KALA v. STATE OF U.P. AND ANOTHER

NA528/28308/2025 · 2025-08-05

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132453 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 28308 of 2025 Applicant :- Khurshid Alias Kala Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by the applicant for quashing the impugned Non-Bailable Warrant dated 20.9.14 issued by Additional Chief Judicial Magistrate-III, Bijnor in Case No. 1458 of 2007 (State Vs. Mufait and others) arising out of Case Crime No. 179 of 2001 under Sections 498-A, 323, 504 I.P.C. and Section 3/4 of D.P. Act, Police Station Seohara, District Bijnor. 3. After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application with liberty to file bail application before the court below. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Under the circumstances, the present application is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant 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 The application is dismissed as withdrawn with the aforesaid liberty and direction.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 :- 6.8.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad