Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127686 (ALL)

SAHIBA BANO AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NA528/191/2025 · 2025-03-10

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14335 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 191 of 2025 Applicant :- Sahiba Bano And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Shri Mukhtar Ahmad, holding brief of Shri Mohd. Salman, 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):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly by pleased to quash the entire proceeding of Summoning Order dated 06.08.2024 passed by Learned Chief Judicial Magistrate Sultanpur, in Criminal Case no. 3750/2024, on basis of Charge sheet no. 01/2024 dated 09.07.2024 arising out Case Crime/F.I.R. no. 0081/2024, U/s 308/323/324/325/34 I.P.C, Police Station Shivgarh, District Sultanpur, styled as State... Vs......... Sahiba Bano and others, Pending Before Learned Chief Judicial Magistrate Sultanpur, as Contained in ANNEXURE No. 1 and 2 to this Application, during the pendency of this Application." 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 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 apply for bail before the Court concerned, their 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 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 10.3.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench