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2025 DAILYLAW 123079 (ALL)

BHARAT LAL AND 3 OTHERS v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS

A482/1355/2025 · 2025-02-13

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9328 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1355 of 2025 Applicant :- Bharat Lal And 3 Others Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home U.P. Lko. And 3 Others Counsel for Applicant :- Awaneesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the summoning order dated 08.08.2024 passed by the Special Judge POCSO Act I Ayodhya in Case No 77/2024; arising out of Charge-sheet No.1/2023 dated 03.09.2021 in connection with Case Crime No. 421/2020 under Section 147/452/352/504/506 of I.P.C. Act at P.S. Kotwali Rudauli, District Ayodhya, pending before the Ld. Special Judge POCSO Act | Ayodhya; and also set aside all the proceedings pursuant thereto; in as much as it pertains to the applicants and may further be pleased to direct that the applicants shall not be compelled to stand trial." After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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(s). 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(s) applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant(s) 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) 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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 13.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench