VINOD KUMAR HARISHCHANDRA SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/1939/2025 · 2025-03-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126206 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126206 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12850 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1939 of 2025 Applicant :- Vinod Kumar Harishchandra Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satyendra Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard Ms. Saloni Nishad, Advocate holding brief of Shri Satyendra Nath Mishra, learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:-
"to set aside the impugned Charge Sheet No. 01/2020 dated 21/12/2020 arising out of case Crime No. 590/2020 under sections 323, 504, 506, 308 I.P.C lodge with Police Station Lambhuwa District -Sultanpur including impugned summoning order dated 18/03/2021 issued by the Chief Judicial Magistrate Sultanpur in the interest of justice."
3. After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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. 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 is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies 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 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 4.3.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench