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2025 DAILYLAW 135708 (ALL)

BRIJ BIHARI MISHRA v. STATE OF U.P. THRU. SECY. HOME AND ANOTHER

A482/3436/2025 · 2025-05-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26149 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3436 of 2025 Applicant :- Brij Bihari Mishra Opposite Party :- State Of U.P. Thru. Secy. Home And Another Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Praveen Tripathi, 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 respectfully prayed that this Hon'ble court be pleased to quash the charge sheet no. 1 relating to Case Crime No. 0054/2018 U/s 384, 504, 506 Police Station Umri Begumanganj, District Gonda, pending in the Court Aditional Chief Judicial Magistrate, Room No. 1, District Gonda and as well as criminal proceeding arising therefrom. It is further prayed that this Hon'ble Court be pleased to stay the further proceeding of Criminal case arising out of impugned charge sheet no. 1 of 2018 relating to case crime no. 0054/2018 u/s 384, 504, 506 Police Station Umri Begumanganj, District Gonda, pending in the Court additional Chief Judicial Magistrate, Room No. 1 District Gonda during the pendency of instant petition in the interest of justice. " 3. After arguing at some length, 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment. 7. 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 applicants in the aforesaid case. Order Date :- 6.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench