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2025 DAILYLAW 138012 (ALL)

VISHNU DEV SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND ANOTHER

A482/3753/2025 · 2025-05-12

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27920 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3753 of 2025 Applicant :- Vishnu Dev Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And Another Counsel for Applicant :- Chaitanya Tiwari,Uday Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Chaitanya 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 graciously be pleased to pass an order allowing the petition quashing the entire proceedings of the entire proceedings of the case No. 4361 of 2023 and impugned summoning order dated 12.04.2023 passed by the Chief Judicial Magistrate, Unnao by means of which the petitioner has sumoned and charge sheet no. 685 of 2022 dated 15.12.2022 arising out from the FIR/Case Crime No. 535/2022, U/s 406, 323, 504, 506 IPC Police Station Kotwali, District Unnao State Versus Vishnu Dev Singh annexed as annexure nos. 1 and 2. " 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, 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 applicant in the aforesaid case. Order Date :- 12.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench