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2025 DAILYLAW 132941 (ALL)

MOHAMMAD HUSAIN ALIAS NANKANNE v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. AND ANOTHER

A482/3066/2025 · 2025-04-09

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20124 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3066 of 2025 Applicant :- Mohammad Husain Alias Nankanne Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Shiv Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Shiv Pal Singh, learned counsel for the applicant and learned A.G.A for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:- " WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire proceeding of Case No. 2855/2012 (State Versus Abdul Ahad Khan and others) arising out of impugned charge-sheet No. 76/2012, dated 27.07.2012 filed by the investigating officer in Case Crime No. 198/2012, Under Section-419, 420, 467, 468, 471 & 120-B I.P.C., pertaining to Police Station-Bhinga, District-Shrawasti pending in the the court of learned Chief Judicial Magistrate, Shrawasti as well as impugned cognizance/summoning order dated 26.11.2012 passed by the court of learned Chief Judicial Magistrate, Shrawasti against the applicant/petitioner, as contained in Annexure No. 1& 2 respectively to this petition, in the interest of justice." 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. 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