UMESHWAR PRATAP SINGH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
A482/2784/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131264 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131264 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24562 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2784 of 2025 Applicant :- Umeshwar Pratap Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Nitin Kumar Mishra,Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants and learned AGA 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 the following prayer:-
"I. The Hon'ble Court may be pleased to quash the impugned charge-sheet dated 09.04.2024 in Case Crime No. 0083/2024 U/S: 323, 504, 506 & 427, of IPC P.S- Umari Begaumganj, District- Gonda, U.P. along with Summoning order 21.06.2024 in case crime No. 083/2024 Contained in Annexure No 01 and Annexure No. 02 to the Petitioners/Applicants in the Justice. accompanying
interest
of II. The Hon'ble Court may further be pleased to direct the respondents to not to take any coercive action against the Applicants in lieu of the charge-sheet along with summoning
order dated 21.06.2024 Case Crime No. 0083/2024 U/S: 323, 504, 506 & 427, of IPC P.S- Umari Begaumganj, District- Gonda, U.P Contained in Annexure No 02 to the accompanying Petitioners/Applicants in the interest of 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
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, his prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.
7. 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 applicants in the aforesaid case.
8. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 29.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench