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2025 DAILYLAW 119282 (ALL)

BABLOO @ SATISH KUMAR JAISWAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/614/2025 · 2025-01-24

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4812 Court No. - 12 Case :- APPLICATION U/S 482 No. - 614 of 2025 Applicant :- Babloo @ Satish Kumar Jaiswal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pradyumn Shukla 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:- "WHEREFORE, it is most humbly prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Case No. 7901/2022 "State Vs. Arjun & Others" arising out of case crime No. 0223/2015, under section 332, 353, 504 I.P.C. & 7 Criminal Law Amendment Act Police Station - Safipur, District Unnao pending in the court of learned Judicial Magistrate, Safipur, Unnao as well as quashing the impugned charge sheet No. 121/2015 dated 12/07/2015 in case crime No. 0223/2015, under section 332, 353, 504 I.P.C. & 7 Criminal Law Amendment Act Police Station Safipur, District Unnao as well as impugned summoning order dated 14/09/2015 and bailable warrant dated 25/11/2016 passed by learned Chief Judicial Magistrate, Unnao and non bailable warrant dated 8/12/2024 passed by learned Judicial Magistrate Safipur Unnao in case crime No. 0223/2015, under section 332, 353, 504 I.P.C. & 7 Criminal Law Amendment Act Police Station - Safipur, District Unnao relates to the applicants with its consequential effects. 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