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2025 DAILYLAW 127507 (ALL)

BABU RAM CHAURSIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER

A482/2146/2025 · 2025-03-12

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Neutral Citation No. - 2025:AHC-LKO:15125 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2146 of 2025 Applicant :- Babu Ram Chaursiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Abhishek Pandey,Krishna Dutt Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, 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:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash and set aside the criminal proceeding and impugned Charge Sheet No.232/2024, dated 28.08.2024 in Crl. Case (State Vs Babu Ram Chaursiya) arising out of Case Crime No.0116/2024, Under Section 420 IPC at Police Station Purakalander, District Faizabad/Ayodhya, and summoning order dated 23.09.2024 and order dated 15.01.2025 passed by Learned Add.Chief Judicial Magistrate 1 Faizabad/Ayodhya, contained at Annexure No 1, 2 & 3." After arguing 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 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 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 applicants to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously after taking note of the settled law on this issue including the law as laid down by the Hon'ble Apex Court in judgment dated 23.03.2028 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 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 applies for bail, whichever is earlier, he 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 :- 12.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench