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2025 DAILYLAW 117550 (ALL)

VINAY TIWARI @ BEENU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/372/2025 · 2025-01-17

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2937 Court No. - 12 Case :- APPLICATION U/S 482 No. - 372 of 2025 Applicant :- Vinay Tiwari @ Beenu And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Gaurav Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:- "For the facts reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the entire criminal proceedings of Criminal Case No. 1961 of 2024 "State Versus Vinay Tiwari and another" pending in the court of learned Additional Chief Judicial Magistrate III, Court No.13, Raebareli arising out of Case Crime No. 580 of 2022, under sections-447, 352 & 506 I.P.C. Police Station-Salon, District-Raebareli alongwith summoning order dated 10.01.2024 and chargsheet dated 13.11.2022 as contained in Annexure No.1 & 2 to this affidavit. It is further prayed that further proceedings of Criminal Case No.1961 of 2024 "State Versus Vinay Tiwari and another" pending in the court of learned Additional Chief and Judicial Magistrate III, Court No. 13, Raebareli may kindly be stayed during pendency of this petition." 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 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. 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. 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 applicants apply for bail, whichever is earlier, they 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 :- 17.1.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench