RAJ KUMAR @ CHHOTEY LAL RAWAT AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3738/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137868 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137868 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26404 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3738 of 2025 Applicant :- Raj Kumar @ Chhotey Lal Rawat And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- S.K. Singhaniya Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri S.K. Singhaniya, 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 applicants with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the summoning order dated 01.10.2022 and Charge Sheet No. 01/2022, dated 21.04.2022 arising out of the Case Crime No.0170/2022, under section 323, 354, 447, 506 IPC against the petitioner no.1 to 3 and section 323, 447, 506 IPC against the petitioner no.4, Police Station-Gomti Nagar, District- Lucknow, in Case No.89512/2022, titled as State V/s Ashok Kumar Rawat and others, pending in the court of Learned Chief Judicial Magistrate, Lucknow, (so far as it relates to the petitioners) as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.89512/2022, titled as State V/s Ashok Kumar Rawat and others, in Case Crime No.0170/2022, under section 323, 354, 447, 506 IPC against the petitioner no.1 to 3 and section 323, 447, 506 IPC against the petitioner no.4, Police Station-Gomti Nagar, District- Lucknow, pending in the court of Learned Chief Judicial Magistrate, Lucknow (so far as it relates to the petitioners), during pendency of the petition, 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 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 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 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 6.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench