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2025 DAILYLAW 133056 (ALL)

UMA SHANKAR GAUD AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/3101/2025 · 2025-04-10

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20417 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3101 of 2025 Applicant :- Uma Shankar Gaud And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Sunil Kumar Misra,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Saurabh Kumar, 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:- "For the facts and reasons mentioned in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 30.09.2024 passed in criminal case no. 9434/2024 (State Versus Uma Shankar Gaud and another) arising out of crime No. 137 of 2024 passed by the learned court of Additional Chief Judicial Magistrate Court No. 20, Sultanpur as well as charge sheet dated 05.08.2024 submitted in criminal case no. 9434/2024 (State Versus Uma Shankar Gaud and another) arising out of crime No. 137 of 2024) under Sections 323,427,504,506 of I.P.C., Police Station Kurebhar, District Sultanpur against the applicant, so far relates to the applicant, in the interest of justice. The Hon'ble Court may also be pleased to the entire proceeding relating to the criminal case no. 9434/2024 (State Versus Uma Shankar Gaud and another) arising out of crime No. 137 of 2024 relating to Sections 323,427,504,506 of I.P.C., Police Station Kurebhar, District Sultanpur, in the interest of justice. Further, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to extend the benefit of the judgment passed by the Hon'ble Apex Court in the csse of Satender Kumar Antil Versus Central Bureau of Investigation and another (2022) 10 SCC 51 to the applicant, in the interest of justice." 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 applicants. 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