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2025 DAILYLAW 138071 (ALL)

SHAMEEM @ SHAMEEM AHMAD v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/3757/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26655 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3757 of 2025 Applicant :- Shameem @ Shameem Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Mohammad Imaran Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Vakalatnama filed by Sri Bharat Kumar Dixit, Advocate on behalf of respondent no. 2 is taken on record. 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:- "For the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to quash the impugned charge sheet dated 31.10.2021 arising out of Case Crime No. 232/2021, Under Sections 323, 452, 354-B & 506 IPC, Police Station - Harchandpur, District-Raebareli containing cognizance order dated 26.11.2021 passed by learned Additional Civil Judge (J.D.) IX/J.M, Faizabad in Criminal Case No. 568/2022 (State Versus Mansha Ram & Others). And the consequential proceedings under section 82 Cr.P.C. vide order dated 21.12.2024 so far as it relates to the applicants (as contained in Annexure No.1 & 2 to this application). It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings in respect of the applicant initiated in pursuance of the impugned charge sheet dated 31.10.2021 arising out of Case Crime No. 232/2021, Under Sections 323, 452, 354-B & 506 IPC, Police Station Harchandpur, District- Raebareli containing cognizance order dated 26.11.2021 passed by learned Additional Civil Judge (J.D.) IX/J.M, Faizabad in Criminal Case No. 568/2022 (State Versus Mansha Ram & Others). And the consequential proceedings under section 82 Cr.P.C. vide order dated 21.12.2024, during pendency of the instant petition, in the interest of justice." After arguing at some length, Sri Mohammad Imaran, 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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. 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 :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench