ABHISHEK MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/27/2025 · 2025-01-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118108 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118108 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:4179 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 27 of 2025 Applicant :- Abhishek Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Tiwari,Vaibhav Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application under Section 528 of BNSS, 2023 has been filed for quashing of the Charge Sheet No.327/2024, under Sections 419, 420, 406, 504, 506 I.P.C. and for quashing of the summoning order/cognizance order dated 16.10.2024. 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. Learned AGA 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 apply for bail before the Court concerned, his 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 and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation 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 apply for bail,
whichever is earlier, he 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 :- 22.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench