RAM SIPARAS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. GOVT. LKO AND ANOTHER
A482/995/2025 · 2025-02-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121575 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121575 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7405 Court No. - 12 Case :- APPLICATION U/S 482 No. - 995 of 2025 Applicant :- Ram Siparas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And Another Counsel for Applicant :- Vikas Maurya,Narendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,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 by the applicant for the following main relief:-
"For the facts, reasons and circumstances as stated in the accompanying affidavit, filed in support of present petition under section-482 of Cr. P.C. Now Under Section-528 of B.N.S.S. Act, 2023 it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set-aside the entire proceeding of Crl. Case No. 352/2024 (State of U.P. Versus Siparas & others) arising out of impugned charge-sheet No. 287/2022, dated 14.09.2022 submitted by the investigating officer in Case Crime No. 0301/2022, Under Section-323, 308, 504 & 506 I.P.C. pertaining to Police Station-Raunahi, District-Faizabad Now Ayodhya along with cognizance/summoning order dated 04.03.2024 passed by the court of learned Judicial Magistrate-III, Faizabad Now Ayodhya by which applicant/petitioner has been summoned for facing of trial under the aforesaid section (as contained in Annexure No. 1 & 2 respectively to the affidavit), in the interest of justice." After arguing the matter 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 directed to be decided in view of law laid down by the 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 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 applicant applies 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 observations made by the Hon'ble Apex Court 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 applicant applies for bail, whichever is earlier, they 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 :- 5.2.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench