KULDEEP GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
A482/2770/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130958 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24052 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2770 of 2025 Applicant :- Kuldeep Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Shilpi Tiwari,Saket Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following prayer:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned summoning order dated 14-02-2013 passed by Chief Judicial Magistrate, Faizabad in Case Crime No. 333 of 2022, U/S-3 of Public Property Damages Act, 1984, Police Station-Raunahi, District-Ayodhya (State of U.P. VS Pradeep Kumar Gupta and others) which is contained as Annexure No.1 to this petition, in the interest of Justice." After arguing at some length, Ms. Shilpi Tiwari, 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. Learned AGA has no objection to the prayer made by
learned counsel for the applicant. 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. 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench