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2025 DAILYLAW 138462 (ALL)

SANTOSH KUMAR @ SANTOSH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3873/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26808 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3873 of 2025 Applicant :- Santosh Kumar @ Santosh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 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 humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside/quash the entire proceedings of S.T. No. 581 of 2012 (State Versus Amarnath and others) arising out of Case Crime No. 0164/2011, Under Section-41, 411, 413, 414, 467, 468, 471 & 420 I.P.C., Police Station-Hasanganj, District-Lucknow as well as impugned N.B.W. order dated 10.10.2023 passed by the court of learned Additional District & Sessions Judge, Court No. 18, Lucknow, as contained in Annexure No. 1 to this petition, so far as it relates to the present petitioner, in the interest of justice." After arguing at some length, Sri Alok Kumar Mishra, 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, 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