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2025 DAILYLAW 138005 (ALL)

SHIV BAHADUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3729/2025 · 2025-05-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26426 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3729 of 2025 Applicant :- Shiv Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Pankaj Kumar Tiwari, learned counsel for the applicant 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 applicant with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned Summoning order dated 05.12.2023 passed by Learned Special Chief Judicial Magistrate Lucknow in Crime No 26/ 2021 u/s 420, IPC & 66 D I.T Act P.S Cyber Crime District Lucknow State versus Shiv Bahadur Singh contained as Annexure no.1&2 to this petition and quash & entire Criminal Proceeding arises out of Crime No 26/ 2021 u/s 420, IPC & 66 D I.T Act P.S Cyber Crime District Lucknow in the interest of justice. It is further prayed that till disposal of instant application further proceeding pending arises in pursuance of Crime No. 26/2021 u/s 420 IPC & 66 D I.T. Act, P.S. Cyber Crime District Lucknow be stayed in the interest of justice." 3. After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant 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 applicant applies for bail before the Court concerned, his 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 applicant in the aforesaid case. Order Date :- 6.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench