SHIVAM v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER
A482/3807/2025 · 2025-05-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138152 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138152 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26464 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3807 of 2025 Applicant :- Shivam Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another Counsel for Applicant :- Somu Tiwari,Hari Krishna Chaubey,Shubham Tiwari Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Somu 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:-
" i) To quash impugned summoning order dated 13.09.2024, in the interest of justice. ii) To quashed the Charge-sheet dated 13.04.2024 and the entire proceeding in Special Session Case No. 184 of 2024 (State versus Mithalesh and another) arising out of case Crime No. 151 of 2024 U/S 323, 354, 504, 506 IPC and 3(1) (da) 3(1) (dha), 3(2) 5a SC/ST Act relating to police station Dhourhara, District Lakhimpur khiri, in the interest of justice, 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,
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 :- 6.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench