RAHISHA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOE DEPTT. LKO. AND ANOTHER
A482/1111/2025 · 2025-02-10
Saurabh Lavania
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 121740 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121740 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8497 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1111 of 2025 Applicant :- Rahisha And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Hoe Deptt. Lko. And Another Counsel for Applicant :- Gargi Prakash Misra,Pradeep Kumar Kovid,Sunita Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:-
"To set aside the entire criminal proceedings of Criminal Case No.78 of 2024 "State Versus Shakila Bano and others" pending in the court of learned Civil Judge, Junior Division/ F.T.C. (C.A.W.) Unnao arising out of Case Crime No.0088 of 2023, under sections-147, 148, 149, 323, 427, 504, 506, 324 & 34 IPC against petitioner no.1 to 3 Police Station-Bihar, District-Unnao, under sections-147, 148, 149, 323, 354, 427, 504, 506, 324 & 34 I.P.C. against the petitioner no.4 to 6 alongwith summoning order dated 16.10.2023 and chargesheet dated 05.08.2023 as contained in Annexure No.1 & 2 to this petition."
3. 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. 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. 6. 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. 7.
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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 10.2.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench