Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 126527 (ALL)

CHANDRA BHAN ALIAS CHANDU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/173/2025 · 2025-03-06

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:13765 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 173 of 2025 Applicant :- Chandra Bhan Alias Chandu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Kumar,Shyam Shankar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):- "For the facts reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the whole criminal proceedings of Criminal Case No-0149 of 2024 Under Sections-,110,115(2), 191(2),351(2),352, Β.Ν.S.-2023, Police Station-Kamaraulli, District -Amethi, "State Versus Chandra Bhan alias Chandu and others" arising out of impugned charge-sheet dated-26-10-2024 filed by investigating officer against the petitioner, as well as impugned summoning order dated 01-01-2025 passed by the learned Chief Judicial Magistrate, Room No. 16, Sultanpur, and the F.I.R. No-0149 of 2024 Under Sections-,115(2),191(2),351(2),309(6), Β.N.S.- 2023, Police Station-Kamaraulli, District-Amethi, as contained in Annexure No.1,2 & 3 to this affidavit. It is further prayed that during the pendency of instant petition further proceedings of Criminal Case No. 0149 of 2024"State Versus Chandra Bhan alias Chandu and others" pending before the learned Chief Judicial Magistrate, Room No. 16, Sultanpur, arising out of Case Crime No. 0149 of 2024, Under sections- 110,115(2), 191(2),351(2),352, Β.Ν.S.-2023. Police Station- Kamaraulli, District -Amethi may kindly be stayed." 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 the 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 applicant. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 6.3.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench