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2025 DAILYLAW 135786 (ALL)

PRADEEP MISHRA @ PRADEEP KUMAR MISHRA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. AND ANOTHER

A482/3445/2025 · 2025-04-23

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22904 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3445 of 2025 Applicant :- Pradeep Mishra @ Pradeep Kumar Mishra And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. And Another Counsel for Applicant :- Rajnish Ojha,Abhaya Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Rajnish Ojha, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the summoning order dated 05.06.2023 and Charge Sheet No. 01/2022, dated 21.08.2022, arising out of the Case Crime No. 162/2022, under section 147, 148,452,323,504,506,354 Kha, 354,427,336,286 IPC & 3(1)(da), 3(1) (dha), 3(2) (va) S.C./S.T. Act Police Station-Sangipur District- Pratapgarh, in Case No.1017/2023 (State Vs. Pradeep Mishra and others), pending in the court of Special Judge S.C./S.T. Act, Pratapgarh, against the Petitioners, as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Case No.1017/2023 (State Vs. Pradeep Mishra and others) arising out of the Case Crime No. 162/2022, under section 147, 148,452,323,504,506,354 Kha, 354,427,336,286 IPC & 3(1)(da),3(1)(dha),3(2)(va) S.C./S.T. Act Police Station-Sangipur District-Pratapgarh, pending in the Court of Special Judge, S.C./S.T. Act Prtapgarh in the interest of justice." 3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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 A.G.A has no objection to the prayer made by learned counsel for the applicants. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants applies for bail before the court concerned, 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 by the Hon'ble Apex Court 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, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 23.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench