MILKH RAJ v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/3560/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136659 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24182 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3560 of 2025 Applicant :- Milkh Raj Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mirza Ataulla Beg Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 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 mentioned in the accompanying affidavit, it is most respectfully prayed that in the interest of justice this Hon'ble Court may kindly be pleased to quashing the charge sheet dated 15/12/2010, arising out of Case Crime No. 841 of 2010, under Sections 147, 353, 171ga, 171 cha, 332, 504 IPC And 135, 135 A, 136, Represnetation of The People Act, 1951, and 7 Criminal Amendment Act, at police Station Mishrith, District- Sitapur, as well as summoning order dated 15/12/2010, passed by Learned Additional Chief Judicial Magistrate, Ist, Sitapur, in Crime No. 841 /2010 (State Vs. Bhajan Lal and Others), in the interest of justice." After arguing at some length, Sri Anmol Kumar Verma,
learned counsel, holding brief of Sri Mirza Ataulla Beg,
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. Learned AGA has no objection to the prayer made by
learned counsel for the applicant. 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. 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