ASHISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. AND ANOTHER
A482/1528/2025 · 2025-03-03
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 124213 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 124213 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12569 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1528 of 2025 Applicant :- Ashish Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Salik Ram 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 quashing the impugned summoning order dated 23.11.2024 passed in Case No.1481 of 2024 arising out of Case Crime No.0097 of 2024, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P.Act, Police Station Behta Mujawar, District Unnao as well as charge sheet no.1 dated 08.10.2024. 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 :- 3.3.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench