Ghazi Malik Alias Javed Malik vs State Of U.P. And Another
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Allahabad High Court

Ghazi Malik Alias Javed Malik vs State Of U.P. And Another on 12 March, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:36383
 
Court No. - 75
 

 
Case :- APPLICATION U/S 528 BNSS No. - 8251 of 2025
 

 
Applicant :- Ghazi Malik Alias Javed Malik
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Alok Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Alok Kumar Srivastava, learned counsel for the applicant, Shri Alok Mishra, learned A.G.A. for the State and perused the material on record.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 30346 of 2024 (State Vs. Ghazi Malik @ Javed Malik) arising out of Case Crime No. 134 of 2024, under Sections 354, 354(A) of I.P.C. Police Station- Nagfani, District- Moradabad as well as cognizance/summoning order 22.7.2024, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Moradabad.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet have been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.

After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 12.3.2025

T. Sinha