MUNNA LAL AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2936/2025 · 2025-04-07
Manish Kumar
body2025
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[ 2025 DAILYLAW 131913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131913 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19478 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2936 of 2025 Applicant :- Munna Lal And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Umesh Pratap Yadav, learned counsel, holding brief of Sri O.P. Tiwari, 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 applicant with a prayer to quash the impugned summoning order dated 27.09.2023 passed by learned Civil Judge, Senior Division (FTC)/Additional Chief Judicial Magistrate, District Unnao and entire criminal proceeding in case no. 2564 of 2023, State vs. Munna Lal and Ors. in FIR/Case Crime No. 175 of 2021, under Sections 147, 308, 336, 323, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Bangarmau, District Unnao including impugned charge sheet no. 176 of 2021 dated 31.07.2021.
3. After arguing at some length, learned counsel for the applicant 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, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 7.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench