KAMLESH KUMAR ALIAS PUJARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
A482/3893/2025 · 2025-05-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136737 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136737 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27270 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3893 of 2025 Applicant :- Kamlesh Kumar Alias Pujari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Aman Kumar Dhanuk Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Aman Kumar Dhanuk, 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 main prayers:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased to quash the impugned Charge sheet No. 76/2017 dated 04.05.2017 filed by the Police of P.S. Tadiyawan, District Hardoi against the petitioner and another in respect of F.I.R No. 0263/2016 U/S, 419, 420, 467, 468, 471 IPC and 138 N.I. Act, P.S. Kotwali Dehat, District Hardoi as contained in ANNEXURENO. 1 to this petition and also for Outh Commissioner quashing the entire proceedings of Criminal Case No 1720 /2017 pending before the Chief Judicial Magistrate Hardoi State Versus Vijay Awasthi and others Chief Judicial Magistrate Hardoi. petition in the interest of justice. pending before the and allow the instant"
3. After arguing at some length, 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 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 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 with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and
decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 9.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench