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2025 DAILYLAW 115261 (ALL)

LOVELESH BANSAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

A482/121/2025 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28244 Court No. - 14 Case :- APPLICATION U/S 482 No. - 121 of 2025 Applicant :- Lovelesh Bansal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others Counsel for Applicant :- Shitla Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Shitla Prasad Tripathi, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- " Wherefore, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 01.03.2024 (State Vs. Lovelesh Bansal & another), under section 498- A, 323, 504, 506 IPC, and section 3/4 Dowry Prohibition Act, 1961, Police Station-Mahila Thana, District Kheri, pertaining to case crime no.71 of 2023 dated 23.08.2023, under section 498-A, 323, 504, 506 IPC, and section 3/4 Dowry Prohibition Act, 1961, Police Station-Mahila Thana, District Kheri, contained in annexure no.1 to the petition. Further prayed to quash the entire criminal proceeding of Criminal Case no. /2024, State vs Lovelesh Bansal & another arising out of case crime no.71 of 2023 dated 23.08.2023, under section 498-A, 323, 504, 506 IPC, and section 3/4 Dowry Prohibition Act, 1961, Police Station- Mahila Thana, District Kheri, pending before Learned Civil Judge (Junior Division), Court no. 2 Lakhimpur-Kheri, in the interest of justice." 3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 5. 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 applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender Kumar Antil (Supra) and Musheer Alam (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, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 14.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench