KRISHNA CHANDRA SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/1776/2025 · 2025-03-12
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DailyLaw.ai
[ 2025 DAILYLAW 125561 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125561 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15112 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1776 of 2025 Applicant :- Krishna Chandra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Arjun Singh Kalhans Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant 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:-
"to quash the impugned summoning order dated 02.09.2024 as well as impugned Charge Sheet no. 1/2024 dated 13.5.2024 and Criminal proceedings of the Case no. 754/2024, in Crime No. 122 of 2024 Under Section 323, 504, 506, 427, 352, 354B, 295A, IPC and 3(1)D, 3(1)DH, 3(1)VA, 3(2)W OF SC, ST Act, and 9 and 10 of POCSO Act. Police Station-Paraspur, District-Gonda "State Versus Krishna Chandra Singh" pending in the Court of Special Judge SC/ST Act. District-Gonda. related to the applicants, contained in Annexure No.1, 2 to the accompanying affidavit, in the interest of justice."
3. After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant. 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 applicant applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 12.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench