ASHU VERMA ALIAS ANSHU RAJPUT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND ANOTHER
/67/2025 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114302 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114302 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:877 Court No. - 12 Case :- APPLICATION U/S 482 No. - 67 of 2025 Applicant :- Ashu Verma Alias Anshu Rajput Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Ram Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge sheet No. 345 of 2023 dated 7.12.2023 arising out of Crime No. 0402 of 2022, Under section 3/7 of Essential Commodities Act 1955, 420, 504, 352 IPC registered in Police Station- Nasirabad, District- Raebareli and whole criminal proceedings of Criminal Case No. 21415 of 2024 "State Versus Anshu Rajput" Under section 3/7 of Essential Commodities Act 1955, 420, 504, 352 IPC registered in Police Station- Nasirabad, District- Raebareli pending in the court of Ist Additional Chief Judicial Magistrate Court No. 11, Raebareli as well as impugned summoning order dated 28.11.2024 passed by Ist Additional Chief Judicial Magistrate Court No. 11, Raebareli, as contained in Annexure No. 1&2 respectively to this petition." After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
Taking note of the facts of the case and also the observations 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 7.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench