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2025 DAILYLAW 115977 (ALL)

GAURAV TIWARI @ TRIPATHI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/300/2025 · 2025-01-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2420 Court No. - 12 Case :- APPLICATION U/S 482 No. - 300 of 2025 Applicant :- Gaurav Tiwari @ Tripathi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amitabh Kumar Tripathi,Ashish Kumar Shukla,Bal Krishna Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Amitabh Kumar Tripathi, learned counsel for the applicants, learned A.G.A. for the State and Shri Rajesh Mishra along with Shri Alok Kumar Tiwari, learned counsel for the informant/opposite party No.2 and perused the record. The present application has been filed for the following main relief:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Chargesheet dated 15.04.2024 filed under section 323, 504, 506, 308 and 427 of IPC, Police Station - Manikpur, District Pratapgarh, contained as Annexure No.1 as well as entire proceedings of aforesaid Criminal Case No.2922 of 2024 "State Vs. Rohit @ Munna Tiwari and others", arising out of Case Crime No.0018 of 2024 under section 323, 504, 506, 308 and 427 of IPC, Police Station - Manikpur, District - Pratapgarh, in the interest of justice." 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. 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. Taking note of the facts of the case and also the observation 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 applicantsapply for bail, whichever is earlier, he 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 :- 15.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench