MULAYAM ALIAS MOHD. AYYUB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/2806/2025 · 2025-04-02
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131253 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131253 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18451
Court No. - 14 Case :- APPLICATION U/S 482 No. - 2806 of 2025 Applicant :- Mulayam Alias Mohd. Ayyub Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Brijesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri M.P. Verma, Advocate holding brief of Shri Brijesh Srivastava, learned counsel for the applicant 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 applicant with the following prayer:-
" That for the facts, reasons and circumstances as stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court, may kindly be pleased to quash the impugned N.B.W. Order dated 06.12.2024, passed by special judge POCSO Act, Ambedkar Nagar, in case No. 64/2018, under section 354(Kh), 323, 504, 506, 427 IPC 8 section 7/8 POCSO Act, Police station- Bheeti, District - Ambedkar Nagar, in the case of state vs Mulayam alias Mohd. Ayyub, as well as also entire proceedings of aforesaid case, as contained in Annexure No. 1 & 2 respectively, in the interest of Justice. It is further prayed that this Hon'ble Court, may kindly also be pleased to stay the implementation of impugned N.B. W. Order dated 06.12.2024 issued by special Judge POCSO Act, Ambedkar Nagar in aforesaid case, under section 354(Kh), 323, 504, 506, 427 IPC & 7/8 POCSO Act, relating to police station - Bheeti, District - Ambedkar Nagar, during pendency of present petition under section 528 B.N.S.S. as contained in Annexure No. 1 & 2 respectively here with along with the entire proceedings, pending before said court."
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 AGA 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 :- 2.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench