RAHUL YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/3602/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136890 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136890 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24456 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3602 of 2025 Applicant :- Rahul Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Praveen Tripathi,Sudha Pal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet no-1 dated 21/09/2021 relating to Case Crime No.-0151/2021 Police Station Peeparpur District Amethi under section 2 and 3(1) of The Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986 and summoning order dated 28-03-2023 passed by Additional District and Session Judge Court No.1/Special Judge Gangster Act, Sultanpur in Gangster Case No. 31/2023 State versus Rahul Yadav and another and as well as criminal proceedings of Gangster Case No. 31/2023 State versus Rahul Yadav and another pending in the court of Additional District and Session Judge Court No.1/ Special Judge Gangster Act, Sultanpur. It is further prayed that this Hon'ble Court be pleased to stay the further proceedings of Gangster Case No. 31/2023 State versus Rahul Yadav and another pending in the court of Additional District and Session Judge Court No.1/ Special Judge Gangster Act Sultanpur during the pendency of instant petition in the interest of justice. Any other
order, which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be passed in favor of petitioner."
3. After arguing the matter at some length, Sri Praveen Tripathi, 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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 also be directed to be decided expeditiously.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicant.
5. Keeping in view the aforesaid, the present application 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, 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, if charges have not already been framed, 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 by the Hon'ble Apex Court 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, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 29.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench