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2025 DAILYLAW 137219 (ALL)

MO. ZAHEER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3651/2025 · 2025-05-01

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25098 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3651 of 2025 Applicant :- Mo. Zaheer Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Akashdeep Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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:- " it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the entire proceeding of Criminal Case No. 367/2025, State Vs. Mo. Zaheer" pending in the court of C.J.M. Lakhimpur Kheri, arising out of case crime no. 0889 of 2023, under section 406 IPC, registered at Police Station-Kotwali Sadar, District-Kheri, including charge sheet dated 14.07.2024, as well as summoning order dated 24.01.2025, whereby the learned Magistrate issued summon after taking cognizance of the matter, contained as Annexure No.1 & 2 to this petition, to serve the end of justice." 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 :- 1.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench