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2025 DAILYLAW 132113 (ALL)

HARISHANKAR @ HARISH CHANDRA VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHERS

NA528/275/2025 · 2025-04-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19476 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 275 of 2025 Applicant :- Harishankar @ Harish Chandra Verma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Anothers Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 applicants with the following prayer:- "Wherefore, it is in the interest of justice and is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge-sheet no. 01/2020 dated: 24.01.2025 under sections 115(2), 352, 351(3) B.N.S. 8 Section 3(1)(Da), 3(1)(Dha) of Scheduled Castes And Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising out of First Information Report No. No. 249/2024, P.S.- Khargupur, Gonda pending before Learned Special Judge SC/ST Act, Gonda as contained in ANNEXURE NO. 1; and its corresponding cognizance dated: 27.01.2025 passed by Learned Special Judge SC/ST Act, Gonda; along with the entire proceedings of Session Trial No. 85/2025 under sections 115(2), 352, 351(3) B.N.S. & Section 3(1)(Da), 3(1)(Dha) of Scheduled Castes And Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising out of First Information Report No. 249/2024, P.S.- Khargupur, Gonda pending before Learned Special Judge SC/ST Act, Gonda. " 3. After arguing 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 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, they would not take any coercive action against the applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 7.4.2025 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