Neutral Citation No. - 2025:AHC-LKO:23215 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3824 of 2022 Applicant :- Mohammad Talib Opposite Party :- The State Of U.P. Thru. Secy. Home Deptt. And Another Counsel for Applicant :- Mohd. Ali,Mohd Wajid Irfan Counsel for Opposite Party :- G.A.,Akhilesh Kumar Pandey,Firoz Ahmad Khan,Sudhakar Prasad Tiwari Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:- "(i) to quash the impugned cognizance/summoning order dated 25.4.2022 as well as the order dated 28.5.2022, issuing thereby bailable warrant against the petitioner, passed by the learned Additional Chief Judicial Magistrate-I, Faizabad, in Criminal Case No.561 of 2022; State Vs. Mohd. Talib, arising out of Case Crime No.328 of 2021, under Section 376 I.P.C., relating to P.S. Poorakalandar, District Faizabad/Ayodhya, as contained in Annexure Nos. 1 and 2 to the petition; (ii) to quash the charge-sheet No.A-334 dated 23.9.2021 including entire proceedings of Criminal Case No.561 of 2022; State Vs. Mohd. Talib, arising out of Case Crime No.328 of 2021, under Section 376 I.P.C., P.S. Poorakalandar, District Faizabad/Ayodhya, pending before the learned Additional Chief Judicial Magistrate-I, Faizabad as contained in Annexure No.3 to the petition." 3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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 also be directed to be decided expeditiously. 4. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 5. Keeping in view the aforesaid, the present application 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. 6. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 23.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench