SYED SIBTE HASAN ZAIDI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3500/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136066 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136066 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24145 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3500 of 2025 Applicant :- Syed Sibte Hasan Zaidi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nafisul Hasan Hashmi,Phool Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Phool Bux Singh, 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:-
"The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-Sheet No. 172/2024, dated 06.06.2024, under sections 506, 352 I.P.C. & Section 7/13 Prevention of Corruption Act, Police Station Kotwali, District Sitapur, and Summoning Order Dated 06.11.2024, as well as Bailable Warrant order dated 24.02.2025, passed by Learned Special Judge, P.C. Act No.7, Lucknow, in Case No. 2620/2024, 'State Vs Syed Sibte Hasan Zaidi', as well as entire proceedings arising out of Case Crime No. 0049/2019, under sections 406, 506 I.P.C., at Police Station Kotwali, District - Sitapur, so far it relates with the present petitioner."
3. After arguing at some length, Sri Phool Bux Singh,
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 :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench