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2025 DAILYLAW 137241 (ALL)

DILEEP KUMAR AWASTHI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3677/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27678 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3677 of 2025 Applicant :- Dileep Kumar Awasthi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prabhakar Pandey,Pankaj Kumar Tripathi 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 most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Session Case No. 2170 of 2022; State vs. Ram Shiromani Goswami and others; in pursuance of Charge Sheet No.01 of 2021 dated 25.11.2021 arising out of Case Crime No. /First Information Report No. 148 of 2014, under Section 409, 420, 467, 468, 471, 477A, 120B IPC, relating to Police Station- Kotwali, District Sitapur pending before Additional District and Session Judge/Special Judge, (Prevention of Corruption Act) Court No. 7, Lucknow as well as summoning order dated 28.10.2022 passed by Additional District and Session Judge/Special Judge, (Prevention of Corruption Act) Court no. 7, Lucknow (Contained as Annexure No. 1 and 2), in the interest of justice." After arguing the matter at some length, Sri Prabhakar Pandey, 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