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2025 DAILYLAW 134570 (ALL)

PRADEEP SAHU v. STATE OF U.P. THRU. PRIN. SECY. HOME and Another

A482/3251/2025 · 2025-04-17

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21697 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3251 of 2025 Applicant :- Pradeep Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ashok Kumar,Kubra Fatima,Mohsin Asad,Muzammil Asad Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 humbly prayed that this Hon'ble Court may kindly be pleased to: That in Case Crime No. - 0738 of 2020, under Section -406 IPC at Police Station- Kotwali Bikapur, District Ayodhya registered by Opposite Party No. - 2(State vs. Pradeep Sahu) in which Police send Chargesheet No.- 01/2021, under Section- 406 IPC to the Court of Additional Civil Judge Senior Division Third/A.C.J.M., Faizabad, District Ayodhya and on dated 23/05/2022 the Additional Civil Judge Senior Division Third/ACJM Faizabad took cognizance and issued Summoning order. This Hon'ble High Court may kindly be pleased to quash the Chargesheet and Summoning Order at Annexure No. 2 and Annexure No. 3." 3. After arguing at some length, Ms. Kubra Fatima, 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, 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 17.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench