IBARAR @ MOHD IBRAR AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3750/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138057 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26385 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3750 of 2025 Applicant :- Ibarar @ Mohd Ibrar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jai Vardhan Srivastava,Malik Meraj Ahmad Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Jai Vardhan Srivastava, 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:-
"That for the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Charge Sheet dated 09.07.2024 bearing Charge Sheet No. 01/2024, relating to Case Crime No. 171 of 2024, 353, 332, 504, 506, 427 I.P.C., 3(1)(Da, Dha) SC/ST Act, Police Station-Chhapia, District-Gonda, as well entire proceeding of the Case No. 860/2024 (State Versus Ibrar & Others) pending in Court of Spl. Judge SC/ST Act. Gonda, as contained in Annexure No. 1 and 2 respectively to this petition in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 860/2024 (State Versus Ibrar & Others) pending in Court of Spl. Judge SC/ST Act. Gonda, 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