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2025 DAILYLAW 136087 (ALL)

KESH RAM VERMA @ KESHAV RAM VERMA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3516/2025 · 2025-04-25

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23739 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3516 of 2025 Applicant :- Kesh Ram Verma @ Keshav Ram Verma And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Pankaj Verma,Arun Pratap Verma 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 applicants with the following main prayers:- "Wherefore, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash entire proceeding of Case (CIS) No. 286/2025 State Versus Keshav Ram Verma and another pending in the court of Learned Additional Civil Judge(J.D.) Court No.11/Judicial Magistrate, Gonda arising out of Case Crime (FIR) No. 137/2024 relating to Police Station- Motiganj, District-Gonda including the impugned charge- sheet submitted by the investigating agency against the Petitioners under section-504, 506 IPC as well as the impugned order dated 10.01.2025 passed by the Learned Additional Civil Judge (J.D.) Court No.11/Judicial Magistrate, Gonda summoning the petitioners as contained in Annexure No. 1 & 2 respectively to this petition." 3. After arguing 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 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 and 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 applicants. 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 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, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 25.4.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench