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2025 DAILYLAW 129716 (ALL)

AMIN AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/2538/2025 · 2025-03-24

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16749 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2538 of 2025 Applicant :- Amin And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Narendra Gupta 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 graciously be pleased to quash/set-aside the entire criminal proceeding of CIS No.795/2024 (State Versus Amin and others) including summoning order dated 31.01.2024 passed by Additional Civil Judge (J.D.) J.M., Court No.2. District Sitapur in CIS No. 795/2024, relating to Case Crime No. 206/2023 under section 147, 323, 308, 325, 504, 506 IPC at P.S. Thangaon District Sitapur and the charge sheet No.0259/2023 dated 07.12.2023, as contained as Annexure No. 1, & 2 to this application." 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