RAM BARAN VERMA AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHER
A482/2532/2025 · 2025-04-16
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129717 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129717 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21348 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2532 of 2025 Applicant :- Ram Baran Verma And 4 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ram Milan Yadav,Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA for the State and perused the record.
2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:-
" I. That the impugned cognizance order as well as summoning
order dated 04.09.2023 passed by learned Special Judge, S.C./S.T.(P.A.)Act, District Pratapgarh in Case Crime No. 320 / 2022, Police Station-Sangipur, District-Pratapgarh (State Vs. Ram Baran Verma & Others), Under Sections 147, 323, 504, 506,352,452,427 of 1.P.C. & Section-3(1)(d),3(1)(dh),3(2),5a S.C./S.T. (P.A.)Act. against the petitioners no.01 to 04 & Under Section-under Sections- 147, 504, 506, 352 of 1.P.C. & Section- 3(1)(d),3(1)(dh), 3(2),5a S.C./S.T. (P.A.)Act. against the petitioner no. 5, Police Station- Sangipur, District Pratapgarh as well as Charge Sheet No. 1 dated 13.12.2022 in which learned court below has summoned the petitioners / applicants without application of judicial mind, be set aside, contained as Annexure No. 1 & 7 to this petition, in the interest of justice."
3. After arguing 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 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
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 applicants apply for bail before the Court concerned, their 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 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.
7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 16.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench