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2025 DAILYLAW 135928 (ALL)

SURESH YADAV AND 6 OTHERS v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3481/2025 · 2025-05-06

Manish Kumar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26222 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3481 of 2025 Applicant :- Suresh Yadav And 6 Others Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Yugal Kishor Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- " this Hon'ble court may be pleased to quash the entire proceeding of the Crl. Misc. Case No.6176/2024, State Vs. Suresh Kumar Yadav and others, arising out of Case Crime No. 365/2023, Under section-147, 323, 504, 506, 308 IPC P.S. Antu, District-Pratpagarh, Pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Room No.23 Pratapgarh and impugned charge sheet no. 419/2023, dated 22.11.2023 and summoning order dated 23.04.2024 and revisional order dated 20.01.2025 passed by Additional Sessions Judge/F.T.C.-Ist, Pratapgarh in Criminal Revision No. 138/2024, Suresh Yadav and others V/s State of U.P. and another, contained in Annexure No. 1, 2 and 3 to this affidavit." 3. After arguing at some length, learned counsel for the applicants 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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, the police would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application, is disposed of. Order Date :- 6.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench