Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 138751 (ALL)

KRIPAL SINGH @ JASVINDER SINGH @ BALVINDER SINGH @ KIRPAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/3863/2025 · 2025-05-21

Manish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:29976 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3863 of 2025 Applicant :- Kripal Singh @ Jasvinder Singh @ Balvinder Singh @ Kirpal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mohit Sharma,Pooja Mishra,Somender Lal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicants and learned AGA for the State and 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 in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash/set aside the non-bailable warrant dated 26.03.2025 passed by the Additional District Judge III/NIA/ATS, Lucknow in Sessions Trial No. 3234/2023 (State versus Ashish Parihar and others) under section 489-B, 489-C, 420, 120-B IPC as well as against the charge sheet dated 04.11.2023 filed under section 489-B, 489-C, 420, 120-B IPC relating case crime no. 0072/2023 under section 489-B, 489-C, 420, 120-B IPC, Police Station Saujana, District Lalitpur so far as it relates with the petitioner and entire criminal proceedings may kindly be kept in abeyance during pendency of present petition against the petitioner, in the interest of 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is disposed of. Order Date :- 21.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench