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2025 DAILYLAW 114908 (ALL)

DEEPAK GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. LKO AND ANOTHER

/83/2025 · 2025-01-08

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1309 Court No. - 12 Case :- APPLICATION U/S 482 No. - 83 of 2025 Applicant :- Deepak Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko And Another Counsel for Applicant :- Anil Kumar Sharma 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 seeking following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside Charge Sheet dated 04/01/2024 filed in Case Crime No. 0276 / 2023, U/S - 323, 504, 506 IPC, Police Station- Kakori, District - Lucknow, pending in the Court of Learned A.C.J.M. 6th, Lucknow, registered as Criminal Case No. - 100368 / 2024 ( State Vs. Mohit Gautam and others) and consequential Summoning Order dated 19.10.2024 passed by the Learned A.C.J.M. 6th, Lucknow, in Criminal Case No. - 100368 / 2024, Case Crime No. 0276 / 2023, U/S - 323, 504, 506 IPC, Police Station- Kakori, District - Lucknow, as contained in Annexure No. 1 & 2 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 :- 8.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench