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2025 DAILYLAW 88964 (ALL)

MUNNA @ GULFAM v. STATE OF U.P. AND ANOTHER

A482/27816/2024 · 2025-05-15

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81881 Court No. - 74 Case :- APPLICATION U/S 482 No. - 27816 of 2024 Applicant :- Munna @ Gulfam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Kumar,Rajendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA. 2. The present application has been preferred for seeking quashing of the chargesheet dated 01.07.2023 and cognizance order dated 25.07.2023 as well as entire proceedings of S.T. No.1716 of 2023 (State Vs. Nagman and others), arising out of Case Crime No.365 of 2023, under Section 504 IPC and Section 67A of I.T. Act, P.S. Najibabad, District Bijnor, pending in the court of learned Addl. District and Sessions Judge/Special Judge (POCSO Act), Bijnor. 3. After arguing at some length, learned counsel for applicant 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 applicant surrenders before it and applies for bail, his 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 AGA has no objection. 4. In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and applies for bail, his bail application 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 applicant herein in the present case. Order Date :- 16.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad