NAYAB @ NAYAB ANSARI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME AND ANOTHER LKO.
A482/3090/2025 · 2025-04-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133234 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133234 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20430 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3090 of 2025 Applicant :- Nayab @ Nayab Ansari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home And Another Lko. Counsel for Applicant :- Mohammad Alishah Faruqi,Azizullah Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Mohammad Alishah Faruqi, 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:-
"That the petitioner by means of the instant petition under Section 482 Criminal Procedure Code, 1973/now Sec. 528 The Bhartiya Nagrik Suraksha Sanhita, 2023, invokes the inherent power of this Hon'ble Court to quash the illegal chargesheet arising from the F.I.R No. 412/2020, Case No. 2557/2022, under sections- 406, 120-B IPC, P.S. Beniganj, District- Hardoi, pending before the Court of Special Judge P.C. Act, Room No. 9, Lucknow along with the summoning order dated 03/12/2022 (collectively contained as Annexure no. 1 to this petition) passed against the petitioner."
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