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2025 DAILYLAW 126150 (ALL)

SHIV KUMAR NISHAD AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/158/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12469 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 158 of 2025 Applicant :- Shiv Kumar Nishad And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Gulam Rabbani 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 respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No.1094 of 2025; State Versus Shiv Kumar and others, arising out of Case Crime No.444 of 2024, under sections-191 (2), 191 (3), 190, 115 (2), 352, 333, 125, 351 (2), 110 of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, relating to the Police Station- Ganga Ghat, District-Unnao, pending in the Court of learned Chief Judicial Magistrate, Unnao, as well as impugned chargesheet no.394/2024, dated 12.12.2024, submitted by the Investigating Officer against the petitioners and others, under sections-191 (2), 191 (3), 190, 115 (2), 352, 333, 125, 351 (2), 110 of the Bhartiya Nyaya Sanhita (B.N.S.), 2023, in aforesaid Case Crime number, and impugned cognizance/summoning order dated 16.1.2025, passed by the learned Chief Judicial Magistrate, Unnao, as contained in Annexure nos. 1 and 2 respectively to this petition, so far as the same relate to the petitioners, in the interest of law and justice." 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 :- 3.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench