SHYAM BAHADUR YADAV @ LALLU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/474/2025 · 2025-01-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118136 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118136 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3595 Court No. - 12 Case :- APPLICATION U/S 482 No. - 474 of 2025 Applicant :- Shyam Bahadur Yadav @ Lallu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Lalji Yadav 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 has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet No. 125-A of 2020 dated 21.12.2020 submitted in case crime No. 254 of 2019 under sections 147, 148, 149, 141, 152, 186, 341, 298, 427, 504 IPC & 7 Criminal Law Amendment Act as well as for quashing the summoning order dated 28.1.2021 passed by the Judicial Magistrate, Pratapgarh along with the entire criminal proceeding of Criminal Case No. 2153 of 2021 "Lallu @ Shyam Bahadur & others" under sections 147, 148, 149, 141, 152, 186, 341, 298, 427, 504 IPC & 7 Criminal Law Amendment Act related with Police Station- Jethwara, District- Pratapgarh, pending before Civil Judge (Sr.Div.)/F.T.C. II, Pratapgarh, as contained in Annexure No. 1&2 respectively to this petition, so far it relates to the Petitioner." 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 applies 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 applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 21.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench