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2025 DAILYLAW 133471 (ALL)

RANDHIR SINGH AND 2 OTHERS v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3136/2025 · 2025-04-11

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20858 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3136 of 2025 Applicant :- Randhir Singh And 2 Others Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vineet Kumar Chaurasia,Suresh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Vineet Kumar Chaurasia, 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 applicants with the following prayer:- "That for the facts, reasons and circumstances stated in the accompanying affidavit tot hsi petition it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet bearing No. 01 of 2018 dated 14.05.2018 filed in Case No. 60007/2018, FIR No. 578 of 2017 under Sections 498-A, 323 and 504 IPC and 3/4 Dowry Prohibition Act, 1961, Police Station Chinhat, District Lucknow, summoning order dated 27.10.2018 passed by learned Additional Chief Judicial Magistrate, 3rd, Lucknow, by means of which the petitioner has been summoned to face trial and Non Bailable Warrant (NBW) date 10.05.2024 issued by the learned Additional Chief Judicial Magistrate, 3rd, Lucknow against the applicants. It is further prayed that this Hon'ble Court may kindly be pleased to stay entire proceedings arising out of Case No. 60007/2018 (State Vs. Randhir Singh & others) FIR No. 578 of 2017 under Sections 498-A, 323 & 504 IPC and 3/4 Dowry Prohibition Act, 1961, Police Station Chinhat, District Lucknow, during pendency of the instant application." 3. After arguing at some length, learned counsel for the applicants 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 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. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 11.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench