RAJENDRA PRASAD AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/1881/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125986 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125986 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13142 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1881 of 2025 Applicant :- Rajendra Prasad And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shailesh Kumar Srivastava 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:-
"Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quashed charge sheet dated 13-10-2024 and Summoning order dated 24-01-2025 passed by Additional Chief Judicial Magistrate, Room No. 16, Barabanki in Case No. 36/2025 State Vs. Rajendra Prasad & Others arising out of Case Crime No. 291/2024, under Sections 34,323, 504, 506, 308 I.P.C. against Rajendra Prasad S/o-Munnu, Tej Kumar S/o Munnu, Nanhe Lal S/o Munnu, Govind S/o Nanhe Lal and Aakash S/o Nanhe Lal relating to Police Station: Ram Nagar, District Barabanki, by which the petitioner has been summoned by Additional Chief Judicial Magistrate, Room No. 16, Barabanki by which petitioners has summoned, in the interest of justice. It is further prayed that the proceeding of Case No. 36/2025 in.re. Case Crime No. 291/2024 State Vs. Rajendra Prasad & Others pending before Additional Chief Judicial Magistrate, Room No. 16, Barabanki, may kindly be stayed during the pendency of the 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