RAHUL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3126/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133319 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133319 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26449 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3126 of 2025 Applicant :- Rahul Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anurag Srivastava, Sharavan Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. (I.A. No. 2 of 2025) This is an application for amendment in the memo of the Application U/S 482.
Learned counsel for the applicant submits that inadvertently, some sections have been left to be mentioned in the prayer clause of the Application U/S 482. Reason assigned in support of the prayer made in the instant application is found to be satisfactory one. Application is allowed.
Learned counsel for the applicant is permitted to make necessary amendment in the prayer clause of the Application U/S 482 Cr.P.C. during course of the day. (Order of memo of Application U/S 482) Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 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:-
"Issue order or direction to set aside the summoning order dated 08.01.2020 issued in case no. 277/2020 crime No. 0378/2019 , P.S. Ashiyana, under Sections 323, 504, 506, 427, 354 IPC and Sections 3(1)(da) & 3(1)(dha) of SC/ST Act (State vs. Rahul Singh & others). By the court of Learned Special Judge, SC/ST Lucknow and also quash the chargesheet dated 31.8.2019 arisen out of crime 0378/019." After arguing at some length, Sri Anurag Srivastava,
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. Learned AGA has no objection to the prayer made by
learned counsel for the applicant. 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, their prayer for bail shall be considered and decided expeditiously in accordance with law. 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 :- 6.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench