Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 121019 (ALL)

DEEPAK AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NA528/73/2025 · 2025-02-04

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:7036 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 73 of 2025 Applicant :- Deepak And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ankur Yadav,Chandresh Yadav,Fakhruddin Ali Ahmad,Surendra Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet and summoning order dated 07/10/2024 passed by the Court of Civil Judge (S. D./A.C.J.M.), Ambedkar Nagar, in Criminal Case No.3646/2024, "State Versus Heera Lal Gupta and Others" where by the present petitioner/applicant has been summoned under section 498A/323/504/506/406 of the Indian Penal Code and 3/4 D.P. Act and Charge sheet filed by the Investigating Officer in Case Crime No.238/2024, Police Station- Rajesultanpur, District District Ambedkar Nagar (Annexure No. 1 and 2) 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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 applies 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) 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 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 :- 4.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench