ANIKET @ NIKET SINGH @ BHUPENDRA SINGH v. STATE OF U.P. THRU. HOME DEPTT. AND 3 OTHERS
A482/2359/2025 · 2025-03-12
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[ 2025 DAILYLAW 128125 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128125 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15460
Court No. - 12 Case :- APPLICATION U/S 482 No. - 2359 of 2025 Applicant :- Aniket @ Niket Singh @ Bhupendra Singh Opposite Party :- State Of U.P. Thru. Home Deptt. And 3 Others Counsel for Applicant :- Shailesh Sachan,Deepak Kumar Pandey,Gaurav Singh,Piyush Agnihotri,Sachin Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main reliefs:-
"I. That the proceeding of criminal case no.1373 of 2020, State of U.P. vs. Aniket @ Niket @ Bhupendar Singh, Case crime no.0423/2020, under section 354 & 342 IPC & 7/8 POSCO, Police station Vibhuti Khand, District- Lucknow pending before learned Special Judge POSCO, Lucknow, may kindly be quashed, in the interest of justice." After arguing the matter 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 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 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 applicant to move discharge application before the court below, if the charges have already not been framed, and the same 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 12.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench