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2025 DAILYLAW 138474 (ALL)

AKSHAY YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3823/2025 · 2025-05-06

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26515 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3823 of 2025 Applicant :- Akshay Yadav And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava,Himanshu Singh,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Shri Himanshu Singh, 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:- " Wherefore, it is most respectfully prayed that this Hon ble Court may kindly be pleased to quash the entire proceedings of Criminal Case Criminal Case No.6230 of 2023; State Versus Akshay Yadav and others, arising out of Case Crime No.103 of 2022, under sections- 323, 504, 506, and 308 I.P.C., relating to the Police Station-Kotwali Ayodhya, District- Ayodhya, pending in the Court of learned Chief Judicial Magistrate, Faizabad as well as the impugned chargesheet no 02 dated 13/05/2023 submitted by Investigating officer Under section 323, 504, 506, and 308 I.P.C. and also stay the operation of implementation of the impugned Summoning order dated 16-05-2023, as contained in Annexure no. 2 of the petition, during the pendency Of instant petition, in the interest of law and 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 applicants. 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, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 6.5.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench