MANGAL GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2903/2025 · 2025-04-15
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131773 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131773 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21116 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2903 of 2025 Applicant :- Mangal Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vivek Bhooshan Tiwari,Anurag Singh,Shivesh Nath Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleasd to quash the charge sheet No. 366/2022 dated 13.09.2022 as well as summoning order dated 03.06.2023 in case no. 102/2023 (State vs. Mangal Gupta and Ors.) arising out of Case Crime No. 0328/2022, under Sections 506, 504, 452, 354 IPC, Police Station Kotwali Bikapur, District Ayodhya, pending in the court of Learned Civil Judge (S.D.)-III/Additional Chief Judicial Magistrate, Faizabad, against the petitioner, as contained in Annexure No. 1 & 2 to this petition."
3. After arguing at some length, Sri Shivesh Nath Dubey,
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, his 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.
Order Date :- 15.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench