MANOJ KUMAR @ OMKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3903/2025 · 2025-05-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138475 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138475 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:29989 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3903 of 2025 Applicant :- Manoj Kumar @ Omkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rampyare Singh,Saddam Khan,Shiv Shankar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Rakesh Kumar Mishra, Advocate holding brief of Sri Rampyare Singh, 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:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceedings of the Charge Sheet No. A/2002 dated 26-06-2002 in case crime no. 184/2002, u/s 394/412 IPC, P/S Ajgain, District- Unnao State Versus Manoj Kumar @ Omkar as well as NBW dated 18-11-2024 in case no. 704/2004,
in
case
crime
no. 184/2002, u/s 394/412 IPC, P/S Ajgain, District- Unnao pending in the Court of the learned ACJM III Unnao, as contained in Annexure No. 3 & 4 to this petition, in the interest of law and Justice. That it is further requested that this Hon'ble Court may kindly be stayed the entire criminal proceeding of Charge Sheet No. A/2002 dated 26-06-2002 in case crime no. 184/2002, u/s 394/412 IPC, P/S Ajgain, District- Unnao State Versus Manoj Kumar @ Omkar as well as NBW dated 18-11-2024 in case no. 704/2004, in case crime no. 184/2002, u/s 394/412 IPC, P/S Ajgain, District- Unnao pending in the Court of the learned ACJM III Unnao, as contained in Annexure No. 3 & 4 to this petition, in the interest of law and 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, his 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 :- 21.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench