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2025 DAILYLAW 118816 (ALL)

GURUBAKSH AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

/576/2025 · 2025-01-27

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5145 Court No. - 12 Case :- APPLICATION U/S 482 No. - 576 of 2025 Applicant :- Gurubaksh And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rakesh Sharma,Satya 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 relief(s):- "To quash the impugned Charge Sheets bearing No.320- A/21 dated 10/10/2022 (filed U/s-147/ 323/ 332/ 352/ 353/ 504/ 506/ 152/ 427 IPC & 7 CLA Act) and 320-B/22 dated 01/11/22 (filed U/s-147/ 323/ 332/ 352/ 353/ 504/ 506/ 152/ 427 IPC & 7 CLA Act) in Case. No.33186 of 2022, Crime No.0155 of 2021, U/s- 147/ 148/ 149/ 307/ 323/ 332/ 352/ 353/ 504/ 506/ 152/ 427 I.P.C & 7 CLA Act. Police station- Harchandpur, District- Raebareli, State Vs. Anuradha Dixit, Pending in the Court of A.C.J.M-I, Raebareli, and every proceeding arising out of it. II. To quash the BW order dated 15/10/2024 issued against the Applicants, arising out of Case. No.33186 of 2022, Crime No.0155 of 2021, U/s- 147/ 148/ 149/ 307/ 323/ 332/ 352/ 353/ 504/ 506/ 152/ 427 I.P.C. & 7 CLA Act Police station- Harchandpur, District- Raebareli, State Vs. Anuradha Dixit, Pending in the Court of A.C.J.M-I, Raebareli." 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 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 applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. With the aforesaid observations, the present application is disposed of. Order Date :- 27.1.2025 G. Singh/ Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench