Disposed¶9

Mohammad Azmeri and Another v. State of U.P. and Another

Allahabad HC6 Jul 2025NA528/21381/2025

Case brief

AI extract

What is this about?

Quashing application u/s 528 BNSS disposed of with bail direction, not decided on merits; U.P. Gangster Act S.2/3; Case Crime No.94 of 2024, P.S. Hathgaon, District Fatehpur; S.S.T. No.407 of 2025; chargesheet dated 12.03.2023; cognizance order dated 05.04.2025; surrender within three weeks; expeditious bail; Satender Kumar Antil 2022 SCC OnLine SC 825; no coercive action for three weeks; Neutral Citation 2025:AHC:106679; decided 7.7.2025 by Saurabh Srivastava, J.

What did the court decide?

Direction to the court concerned that if the applicants surrender within three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law; further, no coercive action against the applicants till three weeks from the date of the order. ¶9

Mohammad Azmeri and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the chargesheet dated 12.03.2023, the cognizance order dated 05.04.2025 and the entire proceedings of S.S.T. No.407 of 2025, arising out of Case Crime No.94 of 2024 under Section 2/3 of the U.P. Gangster Act, are liable to be quashed.

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Court's answer

The application was finally disposed of, without deciding the quashing prayer on merits, with a direction to the court concerned that if the applicants surrender within three weeks and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law.

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Ratio / Principle

Till three weeks from the date of the order, no coercive action shall be taken against the applicants in the present case.

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Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) disposed of an application under Section 528 BNSS (No. 21381 of 2025) filed by Mohammad Azmeri and another seeking quashing of the chargesheet dated 12.03.2023, cognizance order dated 05.04.2025 and the entire proceedings of S.S.T. No.407 of 2025 arising out of Case Crime No.94 of 2024 under Section 2/3 of the U.P. Gangster Act, P.S. Hathgaon, District Fatehpur. Counsel confined the prayer to a direction for expeditious bail consideration, to which the AGA had no objection, relying on Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825). The Court, without deciding the matter on merits, directed that if the applicants surrender within three weeks and apply for bail, their bail application be considered and decided expeditiously in accordance with settled law, and that no coercive action be taken against them till three weeks from the date of the order.

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Neutral Citation No. - 2025:AHC:106679

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Court No. - 77

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Case :- APPLICATION U/S 528 BNSS No. - 21381 of 2025

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Applicant :- Mohammad Azmeri And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for applicants and learned AGA.

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The present application has been preferred for seeking quashing of the chargesheet dated 12.03.2023 and cognizance order dated 05.04.2025 as well as entire proceedings of S.S.T. No.407 of 2025 (State Vs. Mohd. Ikrar and others), arising out of Case Crime No.94 of 2024, under Section 2/3 of U.P. Gangster Act, P.S. Hathgaon, District Fatehpur, pending in the court of learned Addl. Session Judge, Court No.3/Special Judge (Gangster Act), Fatehpur.

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After arguing at some length, learned counsel for applicants 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 AGA has no objection.

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In view of the aforesaid, the instant application 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 application shall be considered and decided expeditiously in accordance with settled law.

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However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein in the present case.

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Order Date :- 7.7.2025 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Mohammad Azmeri and Another v. State of U.P. and Another

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Mohammad Azmeri and Another v. State of U.P. and Another

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