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2025 DAILYLAW 118144 (ALL)

HANUMAN PRASAD @ HANUMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

A482/441/2025 · 2025-01-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3743 Court No. - 12 Case :- APPLICATION U/S 482 No. - 441 of 2025 Applicant :- Hanuman Prasad @ Hanuman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Sanat Kumar Ojha,Prashant Tiwari 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:- "I. To Quash and set aside the Non- bailable warrant issued vide order dated 17.12.2024 passed by the Additional Session Judge-I, Balrampur, II. To Quash and set aside the Chargesheet No. 01/2022 dated 25.10.2023, P.S.- Anti Power Theft Police Station Balrampur, District- Balrampur and III. To Quash and set aside the complete proceedings of Case Crime No. 68/2021 under section 135 Indian Electricity Act(Amended), 2003, Police Station- Anti Power Theft Police Station Balrampur, District-Balrampur, in the interest of justice." 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 applicants 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 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