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2025 DAILYLAW 119095 (ALL)

RAM KUMAR CHAUHAN @ RAM KUMAR AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

A482/1933/2025 · 2025-03-04

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12847 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1933 of 2025 Applicant :- Ram Kumar Chauhan @ Ram Kumar And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Sushil Kumar Yadav,Ashwani Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:- "quash the entire criminal proceedings of Criminal Case No. 3376/2022, State Vs Ram Kumar and others including impugned summoning order dated 27.09.2021 passed by Addl. Chief Judicial Magistrate-II, District Sultanpur, in Case Crime No. 0026/2021, State Vs Ram Kumar and others, U/s- 147, 148, 323, 504, 427, 506, 324, 325, 308 I.P.C. (Now-191(2), 191(3), 115(2), 352, 324(4), 351(2) (3), 118, 117(2), 110 BNS, Police Station Peeparpur, District- Amethi, Pending in the Court of Addl. Chief Judicial Magistrate-11, District Sultanpur as well as impugned Charge Sheet No. 87/2021, filed on 01.06.2021, in Case Crime No. 0026/2021, contained as Annexure No. 1 & 2, respectively to this petition." 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, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 4.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench