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2025 DAILYLAW 130749 (ALL)

BUDDHI SAGAR @ BUDDHI SAGAR GOSWAMI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/2701/2025 · 2025-04-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20071 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2701 of 2025 Applicant :- Buddhi Sagar @ Buddhi Sagar Goswami Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Garima Singh,Avinash Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Avinash Shukla, learned counsel for the applicant as well as learned A.G.A 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 a prayer to quash the entire proceedings of Criminal Case No. 3121 of 2017 (State Vs. Mulkraj and others); arising out of Charge Sheet No. A-63 of 2017 dated 28/29.06.2017 in pursuance of Case Crime No. /First Information Report No. 756 of 2017, Under Section 323, 504, 506 I.P.C., relating to Police Station - Kotwali Dehat, District Balrampur, pending before Learned Chief Judicial Magistrate, Balrampur, so far as it relates to the applicant as well as summoning order dated 23.09.2017 passed by Learned Chief Judicial Magistrate, Balrampur (contained as Annexure No. 1 & 2), in the interest of law and justice. 3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 A.G A has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies 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 applicant in the aforesaid case. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 9.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench