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2025 DAILYLAW 136905 (ALL)

SATISH SHARMA @ SATISH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/4636/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33691 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4636 of 2025 Applicant :- Satish Sharma @ Satish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Satyendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Satyendra Singh, learned counsel for the applicant and learned AGA for the State and 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 prayer:- "to quash/set aside the summoning order dated 10.05.2022 as well as charge sheet no. 01/2020 dated 21.12.2020 arising out of Case Crime No. 0707/2020, under Sections 323, 504 and 452 IPC, Police Station Madiyaon, District Lucknow in Case No. 55432 of 2022, (State Vs. Piyush Yadav and others) pending in the court of learned Judicial Magistrate-III, Lucknow against the applicant and entire proceedings of the aforesaid case may also be quashed" 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. 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 and 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. 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. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 30.5.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench