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2025 DAILYLAW 126204 (ALL)

MUNNEY @ RAUF @ MOHD. RAUF AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/1907/2025 · 2025-03-03

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12669 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1907 of 2025 Applicant :- Munney @ Rauf @ Mohd. Rauf And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No.46/2011, dated 31.07.2011 and summoning order dated 24.12.2011, arising out of the Case Crime No.948/2010, under section 147, 148, 149, 307, 323, 332, 336, 341, 352, 353, 427, 504, 506, 189 IPC and section 2/3 U.P. Protection Damage to Public Property Act and 7 C.L.A. Act, Police Station-Jayas, District-C.S.M. Nagar (now Amethi), in Crl. Case No.1346/2010 (State Vs. Sanjay Shukla @ Baba Bari and others), pending in the Judicial Magistrate-II, Court No.19, Raibareli (so far as it relates to the petitioners), as contained in Annexure No. 1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Crl. Case No.1346/2010 (State Vs. Sanjay Shukla @ Baba Bari and others) arising out of the Case Crime No.948/2010, under section 147, 148, 149, 307, 323, 332, 336, 341, 352, 353, 427, 504, 506, 189 IPC and section 2/3 U.P. Probation Damage to Public Property Act and 7 C.L.A. Act, Police Station-Jayas, District-C.S.M. Nagar (now Amethi), pending in the Judicial Magistrate-II, Court No. 19, Raibareli (so far as it relates to the petitioners), in the interest of justice." After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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 Satender Kumar Antil versus 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant(s). 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 applicant(s) apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. Order Date :- 3.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench