RINKU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/3614/2025 · 2025-04-29
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137083 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137083 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24413 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3614 of 2025 Applicant :- Rinku And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Shivam Bajpai, learned Advocate holding brief of Sri Ramakar Shukla, learned counsel for the applicants 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge- sheet dated 27.08.2014 and the order of cognizance and summoning order dated 17.10.2014 passed by/pending in the court of Learned Additional Civil Judge (S.D)-I/Additional Chief Judicial Magistrate, Sultanpur in Crl. Case No.1670/2014 (new Crl. Case No.281/2022) "State Vs. Vinod Kumar & others" vide Case Crime No.385/2014, Under Section 323, 504, 308 IPC, Police Station Jaisinghpur, District - Sultanpur and further proceedings of the case passed in pursuance thereof."
3. After arguing at some length, 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 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 applicants. 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 applicants apply for bail before the Court concerned, their 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 applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 29.4.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench