RAJ BAHADUR YADAV @ RAJ BAHADUR NANHAKU YADAV AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2515/2025 · 2025-03-24
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129509 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16727 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2515 of 2025 Applicant :- Raj Bahadur Yadav @ Raj Bahadur Nanhaku Yadav And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 CrPC/ 528 BNSS has been filed with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the summoning order dated 11.02.2025 and Charge Sheet No. 198/2024, dated 22.08.2024 arising out of the Case Crime No.0050/2024, under section 147, 148, 149, 323, 504, 120-B, 506, 308 IPC, Police Station-Patti, District-Pratapgarh, in case titled as State V/s Raj Bahadur Yadav and others, pending in the court of Learned Judicial Magistrate, Room No.24, Pratapgarh, against the Petitioners."
3. 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.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicants.
5. 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, prayer for bail shall be considered and decided expeditiously in accordance with law.
6. 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.
Order Date :- 24.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench