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2025 DAILYLAW 125764 (ALL)

AJAY KUMAR VERMA AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME U.P. GOVT. LKO. AND ANOTHER

A482/1810/2025 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14375 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1810 of 2025 Applicant :- Ajay Kumar Verma And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home U.P. Govt. Lko. And Another Counsel for Applicant :- Arvind Kumar Pathak,Sandeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard 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 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 11.11.2024 passed by the Additional Chief Judicial Magistrate Court No.17 Barabanki in case No. 2018/2024 (State versus Ajay Kumar Verma, and others) crime No. 239/2023, U/S 498-A,323,504,506 & 427 IPC & U/S 3/4 of D.P. Act P.S. Dewa, District Barabanki and also set aside the charge sheet No. 207/2023 dated 06.04.2023. Contained as ANNEXURE NO. 1&2 to this petition. It is further prayed that this Hon'ble court to set aside the entire proceedings of case No. 2018/2024 (State versus Ajay Kumar Verma, and others) crime No. 239/2023, U/S 498- A,323,504,506 & 427 IPC & U/S 3/4 of D.P. Act P.S. Dewa, District Barabanki Pending in the court of Additional Chief Judicial Magistrate Court No. 17 Barabanki." 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 :- 10.3.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench