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2025 DAILYLAW 132970 (ALL)

SMT. RIJVANA @ RIJVANA BANO AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/3076/2025 · 2025-04-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20457 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3076 of 2025 Applicant :- Smt. Rijvana @ Rijvana Bano And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Brijendra Pratap, Advocate holding brief of Sri Ramakar Shukla, learned counsel for the applicants 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 18.12.2024 and the order of cognizance and summoning order dated 01.02.2025 passed by/pending in the court of Learned Additional Chief Judicial Magistrate, Court No.20, Sultanpur in Crl. Case No.210/2025 "State Vs. Haseer @ Babloo & others" vide Case Crime No.121/2024, Under Section 323, 504, 506, 324, 325, 308 IPC, Police Station Baldirai, District Sultanpur and further proceedings of the case passed in pursuance thereof." 3. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants apply 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 10.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench