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2025 DAILYLAW 116518 (ALL)

RAM MURAT SHUKLA AND ANR. v. STATE OF U.P. AND ANR.

A482/2904/2016 · 2025-07-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39028 Court No. - 27 Case :- APPLICATION U/S 482 No. - 2904 of 2016 Applicant :- Ram Murat Shukla And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Anoop Kumar Upadhyay Counsel for Opposite Party :- Govt. Advocate Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "this Hon'ble court may graciously be pleased to set aside the revisional order dated 14.4.2016 passed by the Additional Session Judge/F.T.C. -II District Gonda in criminal Revision No. 404/2015 as well as summoning order dated 5.12.2012.passed by Judicial Magistrate -1 Gonda in case No. 1350/2012, U/S 379/34, 504/348506/34 IPC, P.S. Umaribegumganj, District Gonda contained as ANNEXURE NO.1 to this affidavit. So far as it relates to the petitioners. It is further prayed that this Hon'ble court may kindly be pleased to set aside the proceedings of case No. 1350/2012, U/S 379/34, 504/348506/34 IPC, P.S. Umaribegumganj, District Gonda. Pending in the court of Judicial Magistrate-1 Gonda. So far as it relates to the petitioners. It is further prayed that during the pendency of the petition, the proceedings of case No. 1350/2012, U/S 379/34, 504/348506/34 IPC. P.S. Umaribegumganj, District Gonda Pending in the court of Judicial Magistrate-1 Gonda may be stayed." 3. After arguing at some length, learned counsel for the applicant 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 Satendra 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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. 6. 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, if there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made in the case of Satendra 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, he would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 9.7.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench