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2025 DAILYLAW 114392 (ALL)

Noor Mohammad Warsi v. STATE OF U.P. THRU PRIN.SECY. HOME LKO AND ANR.

/29/2025 · 2025-01-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:910 Court No. - 12 Case :- APPLICATION U/S 482 No. - 29 of 2025 Applicant :- Noor Mohammad Warsi Opposite Party :- State Of U.P. Thru Prin.Secy. Home Lko And Anr. Counsel for Applicant :- Ashok Kumar,Neeraj Kumar Rastogi 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):- "क. ममकदमम अपरमध ससखयम 377 सन 2021 अस० धमरम धमरम 368 भमदवव थमनम ककतवमलल सदर जजलम खलरल मम पसतमत पपरक आरकप पत पर ससजमन ललनल कम आदलश वदनमसवकत 23. 09.2021 व उसकल आधमर पर जमरल जममनतल वमरसट जमरल करनल कम आदलश वदसनमसवकत 23.09.22 खसवडत करनल कक कक पम कक जमवल।" 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 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. 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