AJAY YADAV AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/2041/2025 · 2025-03-05
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 126692 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126692 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:13318 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2041 of 2025 Applicant :- Ajay Yadav And 4 Others Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Prabhat Kumar Ojha,Ajay Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants, 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):-
"1.) To quash the illegal impugned summoning order dated 09/05/2024 in Criminal Case No.5864/2024 having case crime No. 94/2024 in re: State Vs. Vijay Yadav Others, pending before the Court of Additional Civil Judge Junior Division court no 24, Pratapgarh i.e. Annexure No.1, in the interest of justice, and 2.) To quash the illegal impugned chargesheet No. 01/2024 dated 22/04/2024 submitted by P.S.-Kadhai, Pratapgarh against the petitioners for the offences under 147,149,452,323,504,506,427,308 I.P.C. i.e. Annexure No.2, in the interest of justice." After arguing at some length, learned counsel for the applicants 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 as also to prefer a discharge application before the court below and the same may 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 applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant(s) 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 observation 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 applicant(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 5.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench