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2025 DAILYLAW 131100 (ALL)

PREM SHANKER AND 2 OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/2782/2025 · 2025-04-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19467 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2782 of 2025 Applicant :- Prem Shanker And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Surendra Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as 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 applicants with the following prayer:- " Wherefore, it is most humble prayed that this Hon'ble Court may kindly be pleased to quashthe entire proceeding of State Versus Prem Shankar Yadav, arising out of Case Crime No.0354 of 2020, Under Section- 323, 504, 506 I.P.C. Relating to Police Station- Motigarpur, District- Sultanpur, pending in the court of S.D.A.C.J.M. District-Sultanpur as well as impugned charge sheet dated-03.12.2020 submitted by the investigating Officer against the applicant, in aforesaid Case Crime number, and impugned cognizance order dated- 27.01.2021, passed by District-Sultanpurin_S.D.A.C.J.M. District-Sultanpur the interest of justice. It is further prayed that the further proceeding in pursuance to the impugned Cognizance order dated- 27.01.2021 as well as Charge Sheet dated-03.12.2020 in case crime no.0354/2020, Under Section-323, 504, 5061.P.C. Relating to Police Station- Motigarpur, District-Sultanpur, which is passed S.D.A.C.J.M. District-Sultanpur may be stayed during the pendency of this application Under Section-482 Cr.P.C. before this Hon'ble Court." 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 applicants apply for bail, whichever is earlier, they 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 :- 7.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench