SURYABHAN NISHAD @ SURYABHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/675/2025 · 2025-01-31
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119732 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119732 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6934 Court No. - 12 Case :- APPLICATION U/S 482 No. - 675 of 2025 Applicant :- Suryabhan Nishad @ Suryabhan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prashant Sharma,Pramod Kumar Pandey,Sanjay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant, learned AGA for the State as well as perused the record.
2. The present application under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-
"For the facts, reasons and circumstances stated in the accompanying writ petition, duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 08.10.2024 by which the summon has been issued against the petitioner passed by the Additional Civil Judge (S.D.)/ACJM Ambedkar Nagar in Case Crime No.0010/2024, U/s -504, 506, 507 I.P.C., Police Station Bewana, District Ambedkar Nagar (State Versus Suryabhan Nishad and other) and further for the quashing of the charge sheet No.87/2024 dated 28.07.2024 arising out of Case Crime No.0010/2024, U/s-504, 506, 507 IPC, Police Station Bewana, District Ambedkar Nagar (State Versus Suryabhan Nishad and other) and to quash the entire proceeding of Case Crime No.0010/2024, U/s-504, 506, 507 IPC, Police Station Bewana, District Ambedkar Nagar (State Versus Suryabhan Nishad and other)."
3. 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 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 applicant.
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 applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.
6. 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.
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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 31.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench