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2025 DAILYLAW 123610 (ALL)

SARFAJ HUSAIN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. U.P. LKO,. AND ANOTHER

A482/1509/2023 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19812 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1509 of 2023 Applicant :- Sarfaj Husain And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko,. And Another Counsel for Applicant :- Arjun Singh Kalhans Counsel for Opposite Party :- G.A.,Qazi Sabihur Rahman,Razaur Rahman,Zia Ul Qayuim Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned AGA for the State and perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- " i. quash the entire criminal proceedings pending before learned Addl. Chief Judicial Magistrate-V, Lucknow by means of Case No. 1286/2021, State Vs Sarfaraj Husain and others including impugned summoning order dated 05.10.2021, passed by Addl. Chief Judicial Magistrate-V, Lucknow and impugned Charge Sheet No. 01 dated 31.03.2021 filed in Case Crime No. 131/2020, U/s- 494, 498-A, 419, 420, 323, 504, 506, 120-B IPC & Section 3/4 of D.P. Act, Police Station Jankipuram, District Lucknow, contained as Annexure Nos. 1 & 2, respectively to this application. ii. stay the further proceedings of Case No. 1286/2021, State Vs Sarfaraj Husain and others, pending before Addl. Chief Judicial Magistrate-V, Lucknow including impugned summoning order dated 05.10.2021, passed by Addl. Chief Judicial Magistrate-V, Lucknow arises out of Case Crime No. 131/2020, U/s- 494, 498-A, 419, 420, 323, 504, 506, 120-B IPC & Section 3/4 of D.P. Act, Police Station Jankipuram, District Lucknow." 3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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. 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 U/s 482 Cr.P.C. read with Section 528 BNSS 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. Taking note of the facts of the case and also the observations 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 applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 8.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench