Vinod Kumar and another v. State of U.P. THRU. PRIN. SECY. HOME and another
A482/1672/2025 · 2025-03-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125415 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125415 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13956 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1672 of 2025 Applicant :- Vinod Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Shashank Shekhar Singh, learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants with a prayer to quash the entire proceedings of Criminal Case No. 1583/2024 (State of U.P. vs. Vinod Kumar and others) arising out of Case Crime No. 168/2023, under Sections- 420, 447, 441 IPC and Sections 2 & 3 of Prevention of Damages to Public Property Act, Police Station- Bighapur, District- Unnao as well as summoning & cognizance order dated 30.09.2024 and charge sheet dated 19.04.2024 pending before the court of A.C.J.M-III, District- Unnao. 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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. Liberty is also granted to the applicants to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously in accordance with law. 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. With the aforesaid observations, the present application is disposed of.
Order Date :- 7.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench