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2025 DAILYLAW 126494 (ALL)

SURENDRA KUMAR VERMA @ SURENDRA KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1980/2025 · 2025-04-02

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18162 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1980 of 2025 Applicant :- Surendra Kumar Verma @ Surendra Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Surya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondent. 2. The present application under Section 482 Cr.P.C (now Section 528 B.N.S.S) has been preferred with a prayer to quash/set aside the criminal proceeding No. 2339 of 2023 arising out of Case Crime No. 211 of 2022, under Sections 147, 323, 504, 427, 506 IPC, Police Station Ahirauli, District Ambedkar Nagar as well as Charge Sheet No.A180 of 2022, dated 30.09.2022. 3. After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra 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 as also to prefer a discharge application before the court below and the same may 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 U/s 482 Cr.P.C. read with Section 528 BNSS 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. 6. 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, if there is no any other legal impediment. 7. Taking note of the facts of the case and also the observations made 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, he would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 2.4.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench