UMESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/2945/2025 · 2025-04-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132239 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132239 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19488
Court No. - 14 Case :- APPLICATION U/S 482 No. - 2945 of 2025 Applicant :- Umesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shiv Lal Yadav,Saroj Neelu Omkar,Shitla Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Shitla Prasad Tripathi, learned counsel, holding brief of Sri O.P. Tiwari, 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 a prayer to quash the entire proceedings of criminal case no. 28776 of 2024 'State vs. Ram Naresh and Ors.' arising out of case crime
no.
176
of
2024,
under
Sections 323/504/506/427/354/354kha IPC, Police Station Nagram, District Lucknow pending in the court of Additional Chief Judicial Magistrate-IV, Lucknow and impugned bailable warrant order dated 04.03.2025 and summoning order dated 14.03.2024 as well as impugned charge sheet dated 23.12.2023 contained as Annexure nos. 1, 2 & 3 to this application.
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 .
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. 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 applicant in the aforesaid case.
Order Date :- 7.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench