MOHD. SAHIL AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHERS
NA528/268/2025 · 2025-04-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132005 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19181 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 268 of 2025 Applicant :- Mohd. Sahil And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Ravi Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application has been filed with a prayer to quash/set aside the summoning order dated 21.02.2025 and Charge Sheet No. 231/2024, dated 08.12.2024 arising out of the Case Crime No.0284/2024, under section 191(2), 115(2), 352, 351(3) B.N.S., Police Station-Jethwara, Pratapgarh, in case titled as State versus Iliyas and others, pending in the court of Learned Judicial Magistrate, Jethwara, Pratapgarh.
3. After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants.
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 applicants apply 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 applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 5.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench