RAM HARSH VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHERS
A482/3105/2025 · 2025-04-10
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133303 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:20414 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3105 of 2025 Applicant :- Ram Harsh Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anothers Counsel for Applicant :- Bhupendra Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Bhupendra Nath Tripathi, 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the cognizance and summoning
order dated 31.08.2020 passed by the learned Chief Judicial Magistrate, Raebareli in W/S Criminal Case No.6597 of 2020, State Versus Ram Harsh Verma and others and the Charge Sheet No.239 of 2020 dated 14.06.2020 filed in Case Crime No.0264 of 2020, U/S 379 IPC and 2/3 The Prevention of Damage to Public Property Act, 1984, Police Station Bachhrawan, District Raebareli as contained in Annexure no.1 and 2 respectively to this petition and further be pleased to set aside/quash the entire criminal proceedings arising out of the F.I.R. dated 30.05.2020 lodged by the complainant/opposite party no.2 as contained in Annexure no.3 to this petition, otherwise, the petitioner will suffer irreparable loss and injury which cannot be made good in or any event."
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