MANOJ SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/1876/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125862 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125862 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13140 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1876 of 2025 Applicant :- Manoj Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Rajat Pratap 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 reliefs:-
"The applicants above named most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the entire proceeding of the criminal case no-67486 of 2024, State Versus Ram Das & others, relating to case crime no-327 of 23, under section-323, 324,504, 308 I.P.C, register at Police Station- Pali, District- Hardoi, as well as summoning order dated-23.11.2024, pending in the court of Additional Chief Judicial Magistrate, 1st Hardoi, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of the criminal case no-67486 of 24, State Versus Ram Das & others, relating to case Crime no- 327 of 2023, under section- 323, 504, 324, 308 I.P.C, register at Police Station- Pali, District- Hardoi, during the pendency of this Petition." 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 and the same 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 :- 4.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench