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2025 DAILYLAW 119916 (ALL)

DESHRAJ AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. U.P. LKO. AND ANOTHER

/704/2025 · 2025-01-27

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5126 Court No. - 12 Case :- APPLICATION U/S 482 No. - 704 of 2025 Applicant :- Deshraj And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Vijai Kumar Yadav 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 under Section 482 Cr.P.C. has been filed for quashing of the proceedings of Case No.19609/2022, State Vs. Hansraj and others, arising out of Case Crime No.0395/2019, under Sections 387, 504, 506 I.P.C., Police Station Aashiyana, District Lucknow, pending before the Special Additional Chief Judicial Magistrate, C.B.I. (Ayodhya Prakran), Lucknow. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicantsto 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 :- 27.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench