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2025 DAILYLAW 114013 (ALL)

PRADEEP KUMAR AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

A482/37/2025 · 2025-01-16

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2684 Court No. - 12 Case :- APPLICATION U/S 482 No. - 37 of 2025 Applicant :- Pradeep Kumar And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Upadhyay,Utkarsh Kumar 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 03.08.2024 passed by learned Additional Civil Judge/ Judicial Magistrate, Gonda in Case No.17587/2023 (State Vs. Pappu@ Pradeep Kumar & others) in Case Crime/FIR No.413/2022 under section 406 IPC, PS-Paraspur, District Gonda, contained as Annexure No.1, in the interest of justice. As an interim measure to stay the further proceeding of proceeding of Case No.17587/ 2023 (State Vs. Pappu@Pradeep Kumar & others) in Case Crime/FIR No. 413/2022 under section 406 IPC, PS-Paraspur, District Gonda against the petitioners, 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. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 16.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench