ANOOP KUMAR TIWARI ALIAS CHHOTKE v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
NA528/50/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119606 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119606 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5484 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 50 of 2025 Applicant :- Anoop Kumar Tiwari Alias Chhotke Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Kumar Mishra,Anupam Bajpai Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire criminal proceeding of the case arising out of case crime no. 106/2024 State VS. Anoop Kumar Tiwari alias Chhotke , under section 115 (2), 352, 351 (3) B.N.S. and 3(1) (r), 3(1) (s) S.C./S.T. Act Police Station Naveen Mordern police Thana District Shrawasti pending in the court of special judge S.C./ S.T. Act District Shrawasti passed by impugned 18.12.20244 summoning order dated 18.12.2024 and chargesheet no. A-113 / 2024 dated 08.10.2024 only in respect of petitioner as contained in Annexure No. 1 and 4 to this petition in the interest of justice." After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant. 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 applicant applies for bail before the Court concerned, his 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.
Taking note of the facts of the case and also the observations 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench