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2025 DAILYLAW 117065 (ALL)

RAVI PRATAP TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME, GOVT. OF U.P. LUCKNOW AND ANOTHER

/366/2024 · 2025-01-09

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1654 Court No. - 12 Case :- APPLICATION U/S 482 No. - 366 of 2024 Applicant :- Ravi Pratap Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Govt. Of U.P. Lucknow And Another Counsel for Applicant :- Chandresh Mani Shukla Counsel for Opposite Party :- G.A.,Sandeep Kumar Srivastava Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2.By means of the present application U/s 482 Cr.P.C., the applicant is assailing the validity and legality of the charge sheet as well as summoning order passed in S.S.T. No.1461 of 2023 (State Vs. Ravi Pratap Tripathi) arising out of Case Crime No.214 of 2023, under Sections 504, 506 IPC and 3(1)(Da) and 3(1)(Dha) S.C. S.T. Act, Police Station- Khodare, District- Gonda pending in the court of Special Judge S.C./S.T. Act, Gonda. 3. 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 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 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. 6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 7. 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 9.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench