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2025 DAILYLAW 116592 (ALL)

RAM CHANDER DEWEDI v. THE STATE OF U.P AND ANR.

A482/2970/2015 · 2025-07-04

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37929 Court No. - 27 Case :- APPLICATION U/S 482 No. - 2970 of 2015 Applicant :- Ram Chander Dewedi Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Hemant Kumar Misra,Arti Ganguly Counsel for Opposite Party :- Govt. Advocate,Ram Kushal Tiwari Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "For the facts, reasons and circumstances of the case stated in the accompanying affidavit, it is expedient in the interest of justice that this Hon'ble court may graciously be pleased to set aside the impugned order dated 02.06.2015 passed by learned Additional Session Judge/Special Judge E.C. Act passed in Criminal Revision No. 4 of 2015 Ram Chander Dewedi vs. State of U.P. and another, alongwith the proceeding of the criminal case No. 558 of 2014 arising out of case crime no.816 of 2014 under section 419 and 420 IPC registered at Police Station Musafirkhana, District Amethi State vs Ram Chander Dewedi, pending in the court of Judicial Magistrate-Musafirkhana, District Amethi, and further be pleased to stay the proceeding of the criminal case No. 558 of 2014 State vs. Ram Chander Dewedi, during pendency of the present petition." After arguing the matter at some length, Sri Hemant Kumar Mishra, 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 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. Learned A.G.A 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, prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant 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, if there is no any other legal impediment. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 4.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench