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2025 DAILYLAW 133310 (ALL)

MOHIT AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3189/2025 · 2025-04-15

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21213 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3189 of 2025 Applicant :- Mohit And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No.19657 of 2022 (State Vs. Ashok and others) arising out of Case Crime No.328 of 2021, under Sections 323, 504, 324 of IPC, Police Station Mankapur, District Gonda pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Gonda as well as impugned Charge Sheet No.01/2022 dated 26.01.2022 and summoning order dated 30.07.2022 issued in aforesaid case crime. 3. After some arguments, learned counsel for the applicants has made a statement at the Bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicants are ready to surrender before the trial court and in case, applicants file an application for bail, their bail application may be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. 4. Per contra, learned AGA has opposed the prayer. 5. In view of the above statement, it is directed that in case, the applicants appear before the trial court within 30 days from today and apply for bail, their bail applications be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (supra) after hearing both the parties. 6. For a period of 30 days from today or till the applicants surrender and move such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicants in the aforesaid case. 7. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed off. Order Date :- 15.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench