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2025 DAILYLAW 129752 (ALL)

RAM BUJHARAT @ BUJHARAT AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2540/2025 · 2025-04-16

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21347 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2540 of 2025 Applicant :- Ram Bujharat @ Bujharat And 8 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. 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 11.03.2024 passed by learned Civil Judge (Junior Division) Judicial Magistrate, Kadipur, District Sultanpur, Criminal Case No. 6686/2024, in Case Crime No. 258/2023, (State Vs. Ram Bujharat & Others), Under Sections- 323,504,506,452,427,34 I.P.C. against the applicants/petitioners, as well as Charge Sheet No. 01 dated 20.08.2023, Police Station-Kadipur, District Sultanpur, set aside, contained as Annexure No. 1 & 6 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