Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 125941 (ALL)

BABA DEEN SINGH AND ANOTHER v. THE STATE OF U.P. THRU. THE CHIEF JUDICIAL MAGISTRATE BAHRAICH AND ANOTHER

NA528/157/2025 · 2025-03-26

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:17335 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 157 of 2025 Applicant :- Baba Deen Singh And Another Opposite Party :- The State Of U.P. Thru. The Chief Judicial Magistrate Bahraich And Another Counsel for Applicant :- Vidya Prasad Nagaur Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,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 under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "1. to set aside the Criminal Proceeding of the charge sheet No. 01 dated-19.12.2024, submitted in Case No. 997 of 2025 [State Versus Sarla Devi and others], under section-419, 420, 468, I.P.C. Police Station-Kotwali Nanpara, District-Bahraich contained in Annexure No. 1 to this application. ii. stay the operation of the order dated-23.01.2025 passed by the Learned Chief Judicial Magistrate Bahraich. In Case No. 997 of 2025 [State Versus Sarla Devi and others], under section-419, 420, 468, I.P.C. Police Station-Kotwali Nanpara, District-Bahraich, contained with the charge sheet No. 1 dated- 19.12.2024 in the meantime during pendency of the present application before this Hon'ble Court " 3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 as also to prefer a discharge application before the court below and the same may 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 U/s 482 Cr.P.C. read with Section 528 BNSS 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. 6. Liberty is also granted to the applicant to move discharge application before the court below 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 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, he would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 26.3.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench