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2025 DAILYLAW 84273 (ALL)

ZAHID AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29401/2025 · 2025-08-11

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137210 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29401 of 2025 Applicant :- Zahid And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mirza Ali Zulfaqar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under section 528 BNSS has been preferred to quash the charge- sheet dated 13.05.2018, cognizance taking order dated 17.12.2018 and non-bailable warrant order dated 29.04.2022 as well as the entire proceedings of Case No.7179 of 2018 (State vs. Zahid and Others) arising out of Case Crime No.458 of 2016, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Ughaiti, District- Badaun, pending in the court of learned Chief Judicial Magistrate, Badaun as well as to stay the further proceedings of above-mentioned case. 3. At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection. 4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law. 5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein. Order Date :- 12.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad