GULAB AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS
NA528/207/2025 · 2025-03-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126488 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126488 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15532 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 207 of 2025 Applicant :- Gulab And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others Counsel for Applicant :- Dheeraj Awasthi 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:-
"I. Pass an order or direction thereby quashing the impugned summoning order dated 17.12.2024, charge sheet dated 18.11.2024 arising out of Case Crime No. 757 of 2024, underSections 333, 74, 75, 115(2), 352, 351(3) BNS and Sections 7, 8 POCSO Act, Police Station Kotwali, District Unnao in Sessions Case No. 2139 of 2024 [State Versus Mulayam and Another] as well as entire proceedings of Sessions Case No. 2139 of 2024 [State Versus Mulayam and Another] pending in the Court of Learned Special Judge, POCSO Act/Additional Sessions Judge, Court No. 11, Unnao." 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, if the charges have not been framed, which shall be decided expeditiously after taking note of settled law on this issue including the law laid down by the Hon'ble Apex Court in judgment dated 23.08.2024 passed in the case of Delhi Race Club(1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No. 3114 of 2024. 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 :- 12.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench