SATYA PRAKASH SHUKLA @ MEHARA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2665/2025 · 2025-03-27
Manish Kumar
body2025
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[ 2025 DAILYLAW 130113 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 130113 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:17666 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2665 of 2025 Applicant :- Satya Prakash Shukla @ Mehara And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Chandra Mishra,Avinash Tripathi,Kaushalendra K. Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Kaushalendra K. Tripathi, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application has been filed with a prayer to quash
the
charge-sheet
dated
04.11.2024, cognizance/summoning order dated 12.02.2025 along with entire criminal proceeding of case no. 182 of 2025 (State vs. Satya Prakash and Ors.), case crime no. 293 of 2024, under Sections 115(2), 353, 351(3) BNS and Section 3(1) Da, 3(1) Dha, 3(2) va SC/ST Act, Police Station Baghrai, District Pratapgarh and to further stay the effect and operation of summoning order dated 12.02.2025 along with entire proceeding thereof, pending in the court of Special Judge, SC/ST Act, Pratapgarh.
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. 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. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be
decided expeditiously, if there is no any other legal impediment.
7. 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 :- 27.3.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench