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2025 DAILYLAW 138399 (ALL)

SHOHRAT ALI v. State of U.P. THRU PRINCIPAL SEC. HOME AND ANOTHER

A482/3770/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26729 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3770 of 2025 Applicant :- Shohrat Ali Opposite Party :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Applicant :- Sajjad Husain,Mohd. Saud Khan,Shri Kishan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard 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 main prayers:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Charge Sheet No. 01/2021, dated 31.05.2021 as well as cognizance order taken upon the charge-sheet arising out of the Case Crime No.0084/2020, under section 420, 406 IPC, Police Station-Gosaiganj, Ayodhya, in Case No.1227/2022, titled as State versus Yasmeen Bano and others, pending in the court of Learned Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate, Ayodhya, against the Petitioner (so far as it relates to the petitioner), as contained in Annexure No.1 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.1227/2022, titled as State versus Yasmeen Bano and others, bearing Case Crime No.0084/2020, under section 420, 406 IPC, Police Station-Gosaiganj, Ayodhya, pending in the court of Learned Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate, Ayodhya (so far as it relates to the petitioner), during pendency of the petition, in the interest of justice. Copy of Charge Sheet and summoning order are annexed herewith as Annexure No. 1 and 2 to this application." 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 and also to prefer a discharge application before the court below and the same may be decided expeditiously. 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 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. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law, if there is no any other legal impediment. 7. 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 applicants in the aforesaid case. Order Date :- 7.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench