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2025 DAILYLAW 125839 (ALL)

MOHD. SIRAJ AHMAD @ TOPI AND 3 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 2 OTHERS

NA528/159/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14827 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 159 of 2025 Applicant :- Mohd. Siraj Ahmad @ Topi And 3 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Rohan Pathak,Anup Kumar Kashyap,Vineet Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:- "to exercise of the inherent powers vested in it under Section 482 of the Code of Criminal Procedure/ Section 528 of BNSS and thereby quash the entire prosecution of the petitioner in the in the Criminal Case No. 1901/2024: [State of U.P. vs. Juber Ahmad ] arising out of Crime No.- 544 of 2024. Police Station Mohammadpur Khala, District-Barabanki under Section 115(2), 352, 351(3) and 3(5) of BNS, and Section 3(1). Da, dha, and 3(2) Va of SC/ST Act, pending in the Court of Ld. Court of Special Judge SC/ST Act, Barabanki including the Charge-sheet dated 31.08.2024 and cognizance order dated 22.10.2024 in the aforesaid case, so as to secure the ends of interest of justice. 3. 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. 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 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, 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 11.3.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench