Neutral Citation No. - 2025:AHC-LKO:21104 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2916 of 2025 Applicant :- Abhishek Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Deep Kamal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Deep Kamal, 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:- " For the facts reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned baseless charge sheet no. 01/16 dated 05.01.2016 (annexure no. 1 to the affidavit) illegally submitted against the petitioners for the so called alleged offence under Sections 302 IPC arising from crime no. 535 of 2014 of Police Station Kakori Lucknow as a result of unfair and illegal investigation based on absolutely false, fabricated and concocted story on the basis of which the learned Chief Judicial Magistrate Lucknow arbitrarily and illegally without applying his judicial mind had taken cognizance of the said offence on 19.05.2016 may also graciously be quashed, to prevent the abuse of the process of the court or otherwise to secure the end 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, if there is no any other legal impediment. 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. Order Date :- 15.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench