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2025 DAILYLAW 121560 (ALL)

SHUBHAM SINGH v. STATE OF U.P. THRU. ITS SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/91/2025 · 2025-02-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8672 Court No. - 17 Case :- APPLICATION U/S 528 BNSS No. - 91 of 2025 Applicant :- Shubham Singh Opposite Party :- State Of U.P. Thru. Its Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the impugned chargesheet dated 10.09.2024 along with summoning order dated 19.11.2024, in Criminal Case No. 5470/2024 "State vs. Shubham Singh and Ors", arising out of FIR No. 192/2024, under Sections 34, 308, 452, 504, 427, 323, 506, 342, 325 IPC, Police Station Lambhua, District Sultanpur, as contained in Annexure- 1 and 2 to this Petition. To stay the further proceeding before learned Chief Judicial Magistrate, Sultanpur in Criminal Case No. 5470/2024 "State vs. Shubham Singh and Ors." arising out of FIR No. 192/2024, under Sections 34, 308, 452, 504, 427, 323, 506, 342, 325 IPC, Police Station Lambhua, District Sultanpur, against the petitioner, during the pendency of this Petition before this Hon'ble Court in the interest of justice." After arguing 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 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 applicant. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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. 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 OfÏcer 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. With the aforesaid observations, the present application is disposed of. Order Date :- 11.2.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench