Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128506 (ALL)

RAJESH BAHADUR SINGH @ RAJESH SINGH v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 7 OTHERS

A482/2462/2025 · 2025-03-19

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:15970 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2462 of 2025 Applicant :- Rajesh Bahadur Singh @ Rajesh Singh Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 7 Others Counsel for Applicant :- Ashutosh Singh,Aviral Chandra Counsel for Opposite Party :- G.A.,Aatreya Tripathi Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, Shri Aatreya Tripathi, learned counsel for the respondent no. 2 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. / 528 of B.N.S.S.) by the applicant with the following prayer:- " That this Hon'ble Court be pleased to quash the impugned Final Report/ Chargesheet (No.- 01/2023) dated 20.12.2023 arising out of FIR bearing Case Crime No.-0222/2023 dated 05.08.2023 against Applicant U/s 2 and 3 of The Prevention of Damage to Public Property Act, 1984 at P. S.- Sangipur, District - Pratapgarh, as contained in Annexure No.- 1 to this Application. That this Hon'ble Court be pleased to quash the Summoning Order/Order of Cognizance dated 16.02.2024 passed by the Learned Court of Judicial Magistrate, Court No.- 24, Pratapgarh, in "State Vs. Rohit Kumar Jaiswal & Anr." under Case Crime No. 222/2023 against the Applicant, as contained in Annexure No.- 2 to this Application" 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. 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 :- 19.3.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench