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2025 DAILYLAW 115276 (ALL)

SURENDRA KUMAR YADAV AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/783/2025 · 2025-01-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5453 Court No. - 12 Case :- APPLICATION U/S 482 No. - 783 of 2025 Applicant :- Surendra Kumar Yadav And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anubhav Yadav 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 by the applicants for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 26.08.2024 and summoning order dated 18.11.2024 filed in first information report dated 12.05.2024 No. 0069/2024 under section 147,452,308,323,504,506, Indian Penal Code, (State vs Ram murat others), Police Station Bandhuakla, District Sultanpur as Annexure no.1 to this petition. i. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of impugned the impugned summoning order dated 18.11.2024 filed in first information report dated 12.05.2024 No. 0069/2024 under section 147,452,308,323,504,506, Indian Penal Code, (State vs Ram murat others), Police Station Bandhuakla, District - Sultanpur as Annexure no.1 to this petition." 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 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 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. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, they 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench