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2025 DAILYLAW 137013 (ALL)

RATIRAM AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/377/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27714 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 377 of 2025 Applicant :- Ratiram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "Wherefore, it is very respectfully prayed that this Hon'ble court may kindly be pleased to Quash the charge sheet no. 537/2024 dated 27- 12-2024 bearing case crime no. 451/2024 submitted by investigating officer under sections 191(2) & 105 BNS against the applicants by imposing the charges before Civil Judge (SD)/FTC, Hardoi, P.S. Shahabad, District Hardoi and as well as cognizance order dated 20.03.2025 passed by Civil Judge (SD)/FTC, Hardoi to relates applicants contained as Annexure no. 1 & 2 with this petition. It is further prayed that drop the proceeding of the Case No. 23081 of 2025 pending before Civil Judge (SD)/FTC, Hardoi in case crime no. 451/2024 under sections 191(2) & 105 BNS, P.S. Shahabad, District Hardoi to relates applicants in pursuance of the impugned charge sheet." After arguing the matter at some length, Sri Vikas Sharma, 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. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. 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. 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. 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 :- 12.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench