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Neutral Citation No. - 2025:AHC:139392 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 28815 of 2025 Applicant :- Irfan Ali (Minor) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Sharma,Shashank Pathak Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant 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 seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the instant application by quashing the impugned N.B.W. order dated 17.05.2025, passed by Additional Session Judge, F.T.C.-1, Allahabad as well as entire proceeding of Session Trial No. 146 of 2025 (State Vs. Irfan Ali and others), arising out of Case Crime No. 0145 of 2023, under Sections 363, 366- A, 504, 506 I.P.C., Police Station- Meja, District- Prayagraj, pending before the Court of Additional Session Judge, F.T.C.-1, Allahabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Session Trial No. 146 of 2025 (State Vs. Irfan Ali and others), arising out of Case Crime No. 0145 of 2023, under Sections 363, 366-A, 504, 506 I.P.C., Police Station- Meja, District- Prayagraj, pending before the Court of Additional Session Judge, F.T.C.-1, Allahabad, till decide the application dated 17.5.2025 (Annexure no. 4 to this Hon'ble Court), pending before the court of Additional Session Judge, F.T.C.-1, Allahabad as well as stay the impugned N.B.W. order dated 17.05.2025, passed by Additional Session Judge, F.T.C.-1, Allahabad, during the pendency of the present criminal misc. Application (Under Section 528 of B.N.S.S., 2023) before this Hon'ble Court, otherwise applicant shall suffer irreparable loss and injury. And / or pass such other and further order as this Hon'ble Court may deem fit and proper in the present circumstances of the case."
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and that a direction may be made to the court concerned to decide the bail application of applicant expeditiously and also to decide application filed on behalf of applicant for declaration of juvenility. 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 law. For a period of two weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. It is further directed that the Court concerned shall also decide application filed on behalf of applicant, seeking juvenility, expeditiously in accordance with law. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 14.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad