Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 127946 (ALL)

GIRJU ALIAS GIRJA SHANKAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2245/2025 · 2025-03-11

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14675 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2245 of 2025 Applicant :- Girju Alias Girja Shankar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly by pleased to quash the entire proceeding of Non Bailable Warrant Order dated 07.02.2025 passed by Learned Judicial Magistrate Safipur, Unnao in Criminal Case no. 7227/2022, on basis of Charge sheet no. A-96/2016 dated 09.06.2016 arising at Case Crime/F.I.R. no. 0101/2016, U/s 323/504/506 I.P.C, Police Station Makhi, District Unnao, styled as State........Vs... Ram Naresh and others, Pending Before Learned Judicial Magistrate Safipur, Unnao, as Contained in ANNEXURE No. 1 and 2 to this Application, during the pendency of this Application." After arguing the matter 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 directed to be decided in view of law laid down by 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 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 not been framed, which 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 applicants apply for bail, whichever is earlier, they 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 :- 11.3.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench