NIKHIL DHANUK AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND 3 OTHERS
A482/1039/2025 · 2025-02-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121763 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121763 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7929 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1039 of 2025 Applicant :- Nikhil Dhanuk And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others Counsel for Applicant :- Arshad Jameel,Mohammad Naseem,Mohd. Salman,Pervesh Kumar Mishra 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 applicant for the following main reliefs:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly by pleased to quash the entire proceeding of Non Bailable Warrant order dated 21-11-2024 passed by Additional District judge /Spl Judge Pocso Act, District-Lucknow in ST no. 2741/2024 Criminal Case no. 16365/2024, on basis of Charge sheet no. 01/2024 dated 13-06-2024 arising out F.I.R no. 84/202024, U/s-147/323/504/506/354/4521.P.C, & 7/8 POCSO act P.S. Bazar Khala, District Lucknow, styled as State.. Vs......... Gautam Dhanuk and others, Pending Before Additional District Judge/ Spl Judge Pocso act District-Lucknow as Contained in ANNEXURENo. land 2 to this application, during the pendency of this application."
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 :- 7.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench