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2025 DAILYLAW 129553 (ALL)

SANCHIT VISHWAKARMA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/231/2025 · 2025-03-25

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17072 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 231 of 2025 Applicant :- Sanchit Vishwakarma And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vijay Nath Pandey 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 528 B.N.S.S (erstwhile Section 482 Cr.P.C) has been filed with a prayer to quash the entire proceedings of Criminal Case No. 6157 of 2025 (State Vs. Vanshraj Vishwakarma and others); arising out of Charge Sheet No. 01 of 2025 dated 01.01.2025 in pursuance of Case Crime No. / First Information Report No. 516 of 2024, Under Section 191(2), 115(2), 352, 351(3), 324(4), 117(4) of B.N.S., relating to Police Station Kotwali Dehat, District Gonda, pending before Learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Gonda containing cognizance dated 21.02.2025 passed by Learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Gonda. 3. After arguing the matter at some length, learned counsel for the applicants 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. 4. It is further submitted that liberty may also be given to file a discharge application and the same may also be decided expeditiously. 5. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 6. 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, prayer for bail shall be considered and decided expeditiously in accordance with law. 7. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously in accordance with law. 8. 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 :- 25.3.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench