CHANDRASHEKHAR AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3340/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135181 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135181 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24219 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3340 of 2025 Applicant :- Chandrashekhar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants 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:-
"17. To, quash the entire criminal proceedings as well as the impugned Charge Sheet dated 13.05.2024 (Annexure No. 2) filed in Case Crime No. 116 of 2024 under section 34, 323, 504, 506, 452 IPC lodged at Police Station - Ghunghter, District - Barabanki. A. To, quash the impugned order of cognizance dated 28.08.2024 (Annexure No. 1) passed by the Learned Additional Chief Judicial Magistrate, court no. 48, Barabanki in Criminal Case No. 1074 /2024 (State of U.P. vs. Chandrashekhar and others) rejecting discharge application arising out of Case Crime No. 116 of 2024 under section 34, 323, 504, 506, 452 IPC lodged at Police Station -Ghunghter, District - Barabanki." After arguing at some length, Sri Dharmendra Kumar,
learned counsel, holding brief of Sri Suresh Kumar Yadav,
learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants apply 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench