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2025 DAILYLAW 132645 (ALL)

SUNIL KUMAR ALIAS SUNIL KUMAR CHAURASIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3030/2025 · 2025-04-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20459 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3030 of 2025 Applicant :- Sunil Kumar Alias Sunil Kumar Chaurasiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dhiraj Chaurasiya,Divyanshu Anand,Keshav Ram Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Dhiraj Chaurasiya, 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 graciously be pleased to quash the charge sheet No. 01/2024 Dated 09.09.2024 filed by the Investigation Officer, under section 323, 504, 506 against the petitioner no. 1 (Sunil Kumar) & petitioner no. 4 (Moni Chaurasiya), and U/s 323, 504, 506, 308 IPC against petitioner no. 2 (Gayatri), petitioner no. 3 (Sunita Devi), Police Station Patti, District Pratapgarh and further may be pleased to quash summoning order dated 11.02.2024 and Bailable warrant Rs. 20000 dated 25.03.2025 passed by the Judicial Magistrate, Court No. 24, Pratapgarh in Criminal Case No. 1201/2024; State vs Gayatri & others." 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 :- 10.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench