SUJEET @ SURJEET KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
A482/740/2025 · 2025-01-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120126 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5498 Court No. - 12 Case :- APPLICATION U/S 482 No. - 740 of 2025 Applicant :- Sujeet @ Surjeet Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Alok Kumar Mishra,Anand Kumar 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 by the applicants for the following main reliefs:-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to quash/set-aside the entire proceedings of S.T. No. 2698/2024 (State Versus Sjeet @ Surjeet and others) arising out of impugned charge-sheet No. 01, dated 02.08.2024 filed by the investigating officer in Case Crime No. 0236/2024, Under Section-147, 354, 323 & 506 I.Р.С. & Section-7/8 POCSO Act, Police Station-Sushant Golf City, District-Lucknow as well against the impugned cognizance/summoning order dated 21.11.2024 passed by the court of learned Special Judge, POCSO Act/Additional District & Sessions Judge, Lucknow in S.T. No. 2698/2024 (State Versus Sujeet @ Surjeet and others), contained as Annexure No. 1 & 2 respectively to the instant petition." 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 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 applicants apply for bail, whichever is earlier, they 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 :- 28.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench