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Neutral Citation No. - 2025:AHC:137051 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 28164 of 2025 Applicant :- Azad Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicant and learned AGA for State.
2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge-sheet dated 03.08.2015 as well as cognizance/ summoning order dated 16.10.2015, of Case No.4203 of 2015 (State Vs. Azad Ali), under Sections 420, 447, 448 IPC, arising out of Case Crime No.316 of 2014, Police Station Babupurwa, District Kanpur Nagar, pending before the Court of Judicial Magistrate-10, Kanpur Nagar.
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 and protection may be granted till then.
4. In view of aforesaid, it is directed that in case applicant appears/ surrenders before the court concerned within a period of two weeks from today and applies for bail, his bail application shall be
considered and decided expeditiously in accordance with settled law. For a period of two weeks from today or till applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 12.8.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad