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2025 DAILYLAW 118154 (ALL)

SATYAM CHAURASIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 2 OTHERS

NA528/38/2025 · 2025-01-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6166 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 38 of 2025 Applicant :- Satyam Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 2 Others Counsel for Applicant :- Indu Prakash Singh,Usha Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 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 by the applicant with the following prayer:- "To quash the criminal proceedings in the Case Crime No. 5006 of 2024 filed and pending in the Court of CJM Sultanpur, against the applicants on the basis of the Charge-sheet filed U/S 115(2), 352, 351(2), 351(3) BNS by the Investigation Officer dated 21.09.2024 arising out of First Information Report No. 586/2024 dated 01.09.2024 lodged under Sections U/S 115(2), 352, 351(2), 351(3) BNS, registered at Police Station - Kotwali nagar, District - Sultanpur and also to quash the summoning order dated 10.10.2024 passed against the applicants in Case Crime No. 5006 of 2024 filed and pending in the Court of CJM Sultanpur, and direct the opposite parties not to take any coercive action against the applicants during the pendency of the instant application." 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 Aman Preet Singh Vs. Central Bureau of Investigation (2022) 13 SCC 764 : 2021 SCC OnLince SC 941 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 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 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. 6. 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. 7. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra) and Aman Preet Singh (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not taken any coercive action against the applicant in the aforesaid case. 8. With the aforesaid observations, the present application is disposed of. Order Date :- 29.1.2025 G. Singh/ Anand Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench