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2025 DAILYLAW 138620 (ALL)

NEERAJ KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO AND ANOTHER

A482/3882/2025 · 2025-05-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26819 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3882 of 2025 Applicant :- Neeraj Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Durgendra Kumar Tiwari 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 applicants with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned non bailable warrant dated 28.04.2025 issued Additional session judge special judge (POCSO ACT) court no. 44 Barabanki, in session case no. 1007/2024, Case crime no. 253/2020 State Vs. Neeraj and others under section 3548, 323, 504, 506 I.P.C. P.S. Badosarai District Barabanki, alongwith further criminal proceeding against the innocent petitioner pending before concerned court below as contained in Annexure no. 1 to this petition in the interest of justice." After arguing at some length, Sri Durgendra Kumar Tiwari, 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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, 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench