Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 136966 (ALL)

SANJAY KUMAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/384/2025 · 2025-05-01

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:25200 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 384 of 2025 Applicant :- Sanjay Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari,Akanksha Mishra,Gaurav Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants, 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 impugned summoning order dated 21.03.2025 passed by Learned Additional Chief Judicial Magistrate, Court No. 3, District - Unnao and entire criminal proceeding in case no. 164 of 2025, State Versus Vipin Kumar and others, in F.I.R./Case Crime No. 223 of 2024, Sections- 115(2), 352, 351(3), 110 B.N.S., Police Station- Asiwan, District- Unnao against the Applicants (only relates to the applicants) and as well as impugned Charge Sheet no. 196 of 2024 dated 07.09.2024 submitted by Investigation Officer against the Applicants contained as Annexure No. 1 and 2 to this petition, in the interest of law and justice." 3. After arguing the matter at some length, Sri Ashish Shukla, learned counsel, holding brief of Sri O.P. Tiwari, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants. 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 applicants apply 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 applicants 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 1.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench