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2025 DAILYLAW 113907 (ALL)

SARVESH SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/40/2025 · 2025-01-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:899 Court No. - 12 Case :- APPLICATION U/S 482 No. - 40 of 2025 Applicant :- Sarvesh Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avinash Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the Order dated 20.11.2024 passed by Addl. Chief Judicial Magistrate-Ist Ayodhya Faizabad in Criminal Case No. 3557/2024 State Vs. Abhai Singh @ Monu Singh in case crime No. 0192/2024 under section 147/148/149/308/323/504/506 1.P.C. and later on section 308 LP.C has been converted as Section 307 LP.C. passed by learned trial court vide order dated 14.6.2024" as contained in Annexure No. I to the affidavit. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No. 3557/2024 State Vs. Abhai Singh @ Monu Singh in case crime No. 0192/2024 under section 147/148/149/308/323/504/506 1.P.C. and later on section 308 L.P.C has been converted as Section 307 LP.C. passed by learned trial court vide order dated 14.6.2024, in the interest of justice." After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court, which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicants. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. With the aforesaid observations, the present application is disposed of. Order Date :- 7.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench