ATIKURRA RAHMAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NA528/287/2025 · 2025-04-15
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132876 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21066 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 287 of 2025 Applicant :- Atikurra Rahman And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Kishan Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been filed by the applicants with the prayer to quash the charge sheet no.323 of 2024 dated 05.12.2024, under Sections 115(2), 352, 351(2), 110, 172(2) of BNS and summoning order dated 15.02.2025 passed by Additional Chief Judicial Magistrate-III, Lakhimpur Kheri in Case No.30/2025 (State of U.P. Vs. Atikurra Rahman & others) arising out of Case Crime No.239/2024, under Section 115(2), 352, 351(2), 110, 172(2) of BNS, Police Station Haidrabad, District Lakhimpur Kheri as well as entire criminal proceedings of aforesaid case crime. 3. After some arguments, learned counsel for the applicants has made a statement at the Bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicants are ready to surrender before the trial court and in case, applicants file an application for bail, their bail application may be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. 4. Per contra, learned AGA has opposed the prayer. 5. In view of the above statement, it is directed that in case, the applicants appear before the trial court within 30 days from today and apply for bail, their bail applications be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (supra) after hearing both the parties. 6. For a period of 30 days from today or till the applicants
surrender and move such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case. 7. With the aforesaid observations, the Application u/s 528 BNSS is finally disposed off.
Order Date :- 15.4.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench