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2025 DAILYLAW 117574 (ALL)

SURENDRA KUMAR SHUKLA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DETT. AND ANR.

A482/5387/2015 · 2025-05-16

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29091 Court No. - 14 Case :- APPLICATION U/S 482 No. - 5387 of 2015 Applicant :- Surendra Kumar Shukla Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Dett. And Anr. Counsel for Applicant :- Ran Vijay Singh,Jyoti Prakash,Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- Govt. Advocate Hon'ble Manish Kumar,J. (I.A. No. 3 of 2024) 1. This is an application seeking condonation of delay in filing the recall application for recalling the order dated 09.05.2024. 2. Cause shown in the accompanying affidavit filed in support of the instant application is found to be satisfactory. 3. Learned AGA has no objection in allowing the present application. 4. Application is allowed. 5. Delay is condoned. (I.A. No. 4 of 2024) 1. This is an application seeking recall of the order dated 09.05.2024. 2. Cause shown in the accompanying affidavit filed in support of the instant application is found to be satisfactory. 3. Learned AGA has no objection in allowing the present application. 4. Application is allowed. 5. Order dated 09.05.2024 is hereby recalled. 6. Case is restored to its original number. (Order on application) 1. Heard learned counsel for the applicant 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. by the applicant with the following prayer:- " 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 quash the impugned Charge Sheet No. 29/2013 filed in Case Crime No. 74/2013 Under Section 177/182/195 I.P.C., Police Station Purwa, District Unnao as well as the summoning order dated 18.08.2014 and order dated 17.09.2015 issuing non bailable warrant against the petitioner by the Judicial Magistrate, Purwa, Unnao in case no. 918/2013, State Vs, Surendra Kumar Shukla, arising out of case crime no. 74/2013, under Section 177/182/195, Police Station Purwa, District Unnao Contained as Annexure no. 1, 2 & 3 to this petition) " 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 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 . 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 applicant applies for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 6. 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 16.5.2025/Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench