HAIDAR @ HAIDAR ALI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2185/2025 · 2025-04-07
Manish Kumar
body2025
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[ 2025 DAILYLAW 127533 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 127533 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19313
Court No. - 14 Case :- APPLICATION U/S 482 No. - 2185 of 2025 Applicant :- Haidar @ Haidar Ali And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Subhash Pandey,Arpit Dwivedi,Shivam Srivastava,Vikas Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Abhishek Srivastava, learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
"i) To quash the impugned summoning order dated 27.09.2024, chargesheet dated 22.06.2024, Bailable warrant dated 18.01.2025 and the entire proceeding of Criminal Misc. Case No. 31427 of 2024 " State of U.P. Versus Haidar Ali and others" arising out of First information Report dated 31.05.2024 registered as FIR No. 0148 of 2024 under Section 354, 354B, 356, 323, 504 and 506 IPC at Police Station Khargupur, District Gonda, in the interest of justice. ii) To quash entire proceedings of Criminal Misc Case No. 31427 of 2024 " State of VU.P. Versus Haidar Ali and others arising out of First Information Report dated 31.05.2024 registered as FIR No. 0148 of 2024 under Section 354, 354 B, 356, 323, 504 and 506 IPC at Police Station Khargupur, District Gonda, in the interest of justice. "
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 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. 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, 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 applicant applies 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 :- 7.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench