SHAMSHAD KHAN v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO AND ANOTHER
A482/3050/2025 · 2025-04-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132551 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132551 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20084
Court No. - 14 Case :- APPLICATION U/S 482 No. - 3050 of 2025 Applicant :- Shamshad Khan Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Ravindra Shukla, 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 humble prayed that this Hon'ble Court may kindly be pleased to quashed the entire criminal proceeding of Criminal Case No. 6459/2024 State Vs. Shamshad Khan arising out of Case Crime No. 0058/2024 Under Section 419/420/467/468/471 IPC relating to Police Station Kamrauli, District Amethi, which is pending in the Court of Chief Judicial Magistrate Room No. 16, Sultanpur. "
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, 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. 7.
7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 9.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench