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2025 DAILYLAW 119279 (ALL)

RANJEET KUMAR YADAV (IN FIR RANJEET KUMAR ) AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

/636/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4766 Court No. - 12 Case :- APPLICATION U/S 482 No. - 636 of 2025 Applicant :- Ranjeet Kumar Yadav (In Fir Ranjeet Kumar ) And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Manmohan Singh,Dilip Kumar Verma 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 for the following main relief:- "For the facts and reasons mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 18.11.2024 passed in Criminal Case No.5449 of 2024 (State Versus Ranjeet Kumar Yadav and another) passed by the learned court below as well as charge sheet No. 128 of 2024 dated 19.06.2024 submitted in Case Crime No.167 of 2024, under Sections 323, 504, 506, 452, 308 of I.P.C., Police Station Kadipur, District Sultanpur, in the interest of justice. The Hon'ble Court may also be pleased to the entire proceeding relating to the summoning order dated 18.11.2024 passed in Criminal Case No. 5449 of 2024 (State Versus Ranjeet Kumar Yadav and another) relating to Case Crime No.167 of 2024, under Sections 323, 504, 506, 452, 308 of I.P.C. Police Station Kadipur, District Sultanpur, 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 observation 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, he 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 :- 24.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench