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2025 DAILYLAW 136761 (ALL)

AJAY KUMAR MISHRA v. STATE OF U.P. THRU. PRINCIPAL SECRETARY DEPTT. OF HOME LKO AND ANOTHER

A482/3587/2025 · 2025-04-29

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24377 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3587 of 2025 Applicant :- Ajay Kumar Mishra Opposite Party :- State Of U.P. Thru. Principal Secretary Deptt. Of Home Lko And Another Counsel for Applicant :- Vivek Kumar Shukla,Padum Nath Mishra,Vijayendra Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard Shri Harsh, Advocate holding brief of Shri Vivek Kumar Shukla, 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge sheet no. 101/2021, dated 21/03/2021arising out of case crime no. 372/2020, U/S- 3/7 Essential Commodities Act at Police Station- Raunahi, District- Ayodhya/ Faizabad, and also prayed for quashing of impugned summoning order dated 29/04/2022 passed by the Additional Chief Judicial Magistrate-First, Ayodhya /Faizabad by means of which he has illegally summoned the petitioner to face trial without applying his judicial mind as contained as Annexure No. 1& 2 to this petition." 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 . 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 :- 29.4.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench