Rashid vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rashid vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Two-week window for the applicant to appear before the concerned court, coupled with a direction that on such appearance his bail application shall be considered and disposed of expeditiously in accordance with law, and a stay of coercive action against him for two weeks; the application (which had sought quashing of the trial proceedings) was disposed of with this observation without adjudicating the quashing prayer.

Issue for consideration

Whether, on the applicant's undertaking to appear before the concerned court within two weeks, his bail application should be considered and disposed of expeditiously in accordance with law and coercive action against him stayed in the interim.

Court's answer

In case the applicant appears before the concerned court within two weeks, his bail application shall be considered and disposed of expeditiously in accordance with law.

Ratio / Principle

Coercive action against the applicant shall remain stayed for a period of two weeks from the date of the order.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Rajiv Lochan Shukla, J.), by order dated December 1, 2025 in Application U/S 528 BNSS No. 47632 of 2025, Rashid v. State of U.P. and Another, disposed of the applicant's petition which had sought quashing of the entire proceedings of Case No.1146 of 2013 (arising out of Case Crime No.92 of 2012, Police Station Oonj, District Bhadohi) under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, pending before the Judicial Magistrate, Bhadohi (Gyanpur). The applicant, who had earlier been on bail but had not appeared since 2016 owing to unavoidable circumstances, submitted that non-bailable warrants and other coercive methods were being used to secure his presence, and undertook to appear within two weeks and cooperate in expeditious disposal; the State (learned A.G.A.) raised no objection to time being granted. Taking the submissions into account, the Court directed that if the applicant appeared within two weeks, his bail application shall be considered and disposed of expeditiously in accordance with law, and ordered that coercive action against him remain stayed for two weeks; with this observation, the application stood disposed of. The quashing prayer was not adjudicated on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 47632 of 2025

Rashid

.....Applicant(s)

	Versus
State of U.P. and Another		.....	Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Aftab Ahamad, Yogendra Kumar : G.A.	Amar Nath Dubey	Tiwari,

Court No. - 83

HON'BLE RAJIV LOCHAN SHUKLA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The instant application under section 528 BNSS has been preferred for quashing the entire proceedings of Case No.1146 of 2013, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960, arising out of Case Crime No.92 of 2012, Police Station- Oonj, District- Bhadohi, pending before learned court of Judicial Magistrate, Bhadohi (Gyanpur).

Learned counsel for the applicant states that a direction be issued that his bail application may be considered expeditiously in accordance with law. He states that in the present case being Case No.1146 of 2013, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, arising out of Case Crime No.92 of 2012, Police Station Oonch, District Bhadohi, the applicant had been bailed out, however, due to unavoidable circumstances, he could not appear before the concerned court since 2016. He states that non-bailable warrants and other coercive methods are being used to secure his (applicant's) presence. He states that the applicant shall appear before the concerned court within two weeks from today and shall co-operate in the expeditious disposal of the case. He states that his bail application may be considered expeditiously in accordance with law.

Learned A.G.A. has no objection to the time being granted to the applicant to appear before the concerned court.

NA528 No. 47632 of 2025

2

Taking into account the submissions of the Learned counsel for the parties, it is provided that in case the applicant appears before the concerned court within two weeks from today, his bail application shall be considered and disposed off expeditiously in accordance with law. For a period of two weeks from today, coercive action against the applicant shall remain stayed.

With this observation, this application stands disposed off .

December 1, 2025 Saif

(Rajiv Lochan Shukla,J.)

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad