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2025 DAILYLAW 131969 (ALL)

MANVINDER PAL SINGH ARORA @ BOBBY (IN F.I.R. MANVENDAR SINGH BABA) AND 2 OTHERS v. STATE OF U.P. THRU. HOME SECY. LUCKNOW AND OTHERS

A482/2912/2025 · 2025-04-05

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19179 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2912 of 2025 Applicant :- Manvinder Pal Singh Arora @ Bobby (In F.I.R. Manvendar Singh Baba) And 2 Others Opposite Party :- State Of U.P. Thru. Home Secy. Lucknow And Others Counsel for Applicant :- Vaibhav Sharma,Aakash Rai,Anand Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer stay summoning order dated 18.12.2023 and further proceedings of Sessions Trial No. 3700 of 2023, State Vs Manvinder Pal Singh Arora alias Bobby and others pending before the learned Special Judge SC/ST Act, Lucknow in Case Crime No. 38 of 2023 Under Section 147, 504 Indian Penal Code 1860 and Sections 3(1)dha The Scheduled Casts and Scheduled Tribe Atrocities) Aminabad, Act (Prevention of 1989, Police Station-District-Lucknow Central (Commissionerate Lucknow). 3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application 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, 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, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 5.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench