ZAHEER @ BADKAU AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND ANOTHER
/681/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118744 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118744 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6938 Court No. - 12 Case :- APPLICATION U/S 482 No. - 681 of 2025 Applicant :- Zaheer @ Badkau And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Lko. And Another Counsel for Applicant :- Prince Singh,Dinesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned AGA for the State as well as perused the record.
2. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-sheet No.01/2024, dated 17.03.2024, under sections -323, 504, 506, 452 I.P.C., Police Station - Ikauna, District - Shrawasti, as well as summoning order dated 17.09.2024 passed by Civil Judge, (Upper Section) (FTC)/ACJM, District - Shrawasti, in Criminal Case No.5634/2024, 'State Vs. Zaheer @ Badkau and others', arising out of Case Crime No.23/2024, under section 323, 504, 506, 452 I.P.C., Police Station - Ikauna, District -Shrawasti contained in Annexure no.1 and 2. It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of aforesaid Case No.5634/2024, 'State Vs. Zaheer @ Badkau and others, during pendency of the present petition, in the interest of justice."
3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116, and also to prefer a discharge application before the court below and the same may also be
directed to be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
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 applicants apply for bail before the court concerned, their 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 observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (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, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 31.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench