RAM SWAROOP @ RAM ROOP AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3917/2025 · 2025-05-21
Manish Kumar
body2025
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[ 2025 DAILYLAW 138736 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138736 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:30067 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3917 of 2025 Applicant :- Ram Swaroop @ Ram Roop And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Chaturvedi,Anshu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard 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 main prayers:-
"i. Set aside the entire criminal proceeding of criminal case No.10625 of 2024 "State Vs. Ramswaroop and others" pending before learned Chief Judicial Magistrate, Ambedkarnagar, and chargesheet dated 22.09.2024 U/s 419, 420, 467, 468, 504, 506 & 34 IPC arsing out of case crime/F.I.R. No. 328 of 2023 U/s 419, 420, 468, 504 & 506 IPC P.S. Bheeti, District Ambedkarnagar, as well as impugned cognizance order dated 19.10.2024 passed by the learned Chief Judicial Magistrate, Ambedkarnagar, as contained in Annexure No. 1, & 2 to this petition."
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 and also to prefer a discharge application before the court below and the same may be decided expeditiously.
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 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. Liberty is also granted to the applicants to move
discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment and in accordance with law.
7. 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 :- 21.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench