SURESH TIWARI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/353/2025 · 2025-05-12
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135643 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135643 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27699 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 353 of 2025 Applicant :- Suresh Tiwari And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sharvan Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Ms. Anjali Gautam, Advocate holding brief of Sri Sharvan Kumar Pandey, 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 528 of B.N.S.S. by the applicants with the following prayer:-
"For the facts, reasons and circumstances as stated in the accompanying writ petition duly supported by an affidavit it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned charge sheet viz. The State of U.P. versus Suresh Tiwari vide Charge sheet no. A- 219/2024, Case crime no. 245/2024,, Criminal Case.No.- 600/2025, Under section - 115(2),352,351(3) BNS,, P.S.-Malhi Pur, District- Shravasti pending in the
court
of
Chief
Judicial
Magistrate
Shrawasti. It is further prayed that this Hon'ble court may kindly be pleased to stay the operation and implementation of summoning order dated 15.02.2025 passed in the aforesaid case during the pendency of the present petition."
3. After arguing at some length, 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 .
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 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.
Order Date :- 12.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench