ARIF KHAN AND 2 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/996/2025 · 2025-02-07
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 121502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121502 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8087 Court No. - 12 Case :- APPLICATION U/S 482 No. - 996 of 2025 Applicant :- Arif Khan And 2 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Rajat Pratap Singh 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:-
"For the facts, reasons and circumstances mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 25.09.2024 arising out of First Information Report No. 0305/2022 dated 10.08.2022 lodged by the O.P. No.2 against the applicants, under section 147, 148, 452, 354/149, 307/149, 506 IPC P.S.-Pali, District-Hardoi passed by the learned Special Judge POCSO Act, Hardoi (in respect of applicants) in the interest of justice." After arguing the matter 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 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 7.2.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench