Neutral Citation No. - 2025:AHC-LKO:25022 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 363 of 2025 Applicant :- Gaurav Pal And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Neeraj Kumar Rastogi,Girijesh Sharan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Girijesh Sharan Srivastava, learned counsel for the applicants 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 prayer:- " The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit this Hon'ble Court may kindly be pleased to quash the summoning order dated 26.03.2025 (Annexure no. 1) passed by the learned Special Judge, SC ST Act, Lakhimpur in Special Case No. Special Case No. 53/2025 "State Vs. Gaurav Pal and others" arises out of case crime no. 07/2025, under Sections U/s- 75, 333, 115 (2), 352, 351 (2), BNS and 3 (1) (d), 3 (1) (Dha), 3 (2) 5, 3 (2) 5A SC ST Act at Police Station Kotwali Sadar, District Lakhimpur Kheri pending before learned Special Judge SC ST Act, lakhimpur kheri and also quashing the chargesheet dated 12.02.2025 (Annexure no. 2) submitted by the investigating officer before the concerned court, in the interest of justice" 3. After arguing at some length, learned counsel for the applicants 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 as 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 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. 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 applicants in the aforesaid case. Order Date :- 1.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench