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2025 DAILYLAW 135712 (ALL)

NARESH @ NAGESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3588/2025 · 2025-04-29

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24390 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3588 of 2025 Applicant :- Naresh @ Nagesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dheeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Dheeraj Srivastava, 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:- " For the facts, reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed that this Hon' ble Court may kindly be pleased to quash the impugned charge dated 13.12.2023 and cognizance / summoning order dated 07.08.2024 along with its resultant proceedings which is arising out of case crime no.0274/2023, in offence under section 323,504,506 I.P.C., Police Station Kakori, District Lucknow, registered as Case No.74920/2024 State Vs Naresh @ Nagesh pending before A.C.J.M 6 Lucknow" 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 . 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 :- 29.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench