Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132469 (ALL)

RAM ARAJ v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHERS

A482/3021/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19827 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3021 of 2025 Applicant :- Ram Araj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Ajay Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Ripendra Gupta, Advocate holding brief of Sri Ajay Kumar Gupta, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 19.04.2020 bearing its number 01 of 2020, under section 419, 420, 504, 506, I.P.C, Case crime no. 0781 of 2019, P.S. Bikapur, District Ayodhya, pending arbitrary as well as the arbitrary and illegal impugned summoning order dated 06.10.2020 passed by the learned Civil Judge (J.D.)/Judicial Magistrate, Faizabad in case no. 543 of 2020 State Vs Shiv Baran and others now case has been transfer and pending before the learned Civil Judge (S.D.)/ Additional Chief Judicial Magistrate, Ayodhya contained in Annexure No. 1 and 2 to the petition." 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 :- 8.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench