SUSHIL KUMAR TIWARI @ SUSHIL KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/20/2025 · 2025-01-15
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116513 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116513 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:2417 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 20 of 2025 Applicant :- Sushil Kumar Tiwari @ Sushil Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Avinash 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 for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash Charge Sheet No.41/2025, dated 02.10.2024 and summoning order dated 04.12.2024, arising out of the Case Crime No.0228/2024, under section 352, 351(3), 115(2) B.N.S. Police Station- Jethwara, District- Pratapgarh, in Crl. Case No. NIL, titled as State V/s Sushil Kumar Tiwari, pending in the court of Learned Civil Judge (S.D.) F.T.C.-Second, Pratapgarh, against the Petitioner, as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Crl. Case No. NIL titled as State V/s Sushil Kumar Tiwari, in Case Crime No.0228/2024, under section 352, 351(3), 115(2) B.N.S. Police Station-Jethwara, District-Pratapgarh, pending in the court of Learned Civil Judge (S.D.) F.T.C.-Second, Pratapgarh, in the interest of justice." After arguing 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. 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 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/Court concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he 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 :- 15.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench