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2025 DAILYLAW 119105 (ALL)

MAHESH AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/587/2025 · 2025-01-29

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6055 Court No. - 12 Case :- APPLICATION U/S 482 No. - 587 of 2025 Applicant :- Mahesh And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Manish Bajpai,Raj Pal Singh 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:- "WHEREFORE, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 29.10.2020 contained in Annexure-1 and the impugned order 18.10.2024 passed by the learned Additional Chief Judicial Magistrate, Court No.2, Hardoi contained in Annexure-2 and every proceeding arising out of the same. It is further prayed that pending decision of the present petition the further proceedings of Criminal Case No.55939 of 2024 arising out of Crime No. 275 of 2020, U/s. 147,148,149,307,188,332,333,353,325,336 I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Atrauli, District Hardoi, pending in the Court of Additional Chief Judicial Magistrate, Court No.2, Hardoi, may kindly be stayed." 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. 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 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. With the aforesaid observations, the present application is disposed of. Order Date :- 29.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench