RAM KUMAR AND 5 OTHERS v. State of U.P. and another
A482/413/2025 · 2025-01-20
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118210 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3214 Court No. - 12 Case :- APPLICATION U/S 482 No. - 413 of 2025 Applicant :- Ram Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:-
"For the facts, reasons and circumstances stated in the accompanying Petition, which is duly supported by an affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to quashed the entire proceedings of Charge Sheet No.- 1/2020, Charge Sheet Dated 18.2.2020, Case Crime 28/2020, U/S- 147,148,149, 452,308,323,506 I.P.C. P.S. Mishrikh, District Sitapur, 'State Versus Ram Kumar and others pending before learned Second A.C.J. (S.D.) District Sitapur as well as order dated 4.5.2021 passed by learned First A.C.J.(S.D.) District Sitapur State Versus Ram Kumar and others' against the petitioners, contained as Annexure No. 1 and 2 to the accompanying affidavit, in the interest of Justice. It is further prayed that during the pendency of the present Petition under section 482 Cr.P.C. /528 B.N.S.S., this Hon'ble may kindly be pleased to stay the operation and implementation of the entire proceedings of Charge Sheet No. 1/2020, Charge Sheet Dated 18.2.2020, Case Crime 28/2020, U/S- 147,148,149, 452, 308,323,506 I.P.C. P.S. Mishrikh, District Sitapur, 'State Versus Ram Kumar and others' pending before learned Second A.C.J.( S.D.) District Sitapur as well as order dated 4.5.2021 passed by learned First A.C.J.(S.D.) District Sitapur 'State Versus Ram Kumar and others' against the petitioners, contained as Annexure No. 1 and 2 to the accompanying affidavit, in the interest of Justice." After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants.
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, their prayer for bail shall be considered and decided expeditiously in accordance with law. 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. Taking note of the facts of the case and also the observations 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 applicants apply for bail, whichever is earlier, they 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 :- 20.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench