BIRENDRA KUMAR YADAV @ BIRENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3886/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138807 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138807 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26825 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3886 of 2025 Applicant :- Birendra Kumar Yadav @ Birendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Neeraj Pandey 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 applicant with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside the summoning order dated 10-04-2024 passed by Learned Additional Chief Judicial Magistrate-IV, Raebareli, as well as Charge Sheet No. 609/2022 dated 03-12-2022 in Crl. Misc. Case No. 19240 of 2024, (State VS Birendra Kumar Yadav) arising out of Case Crime No. 0379 of 2022, U/S-166, 420, 406 I.P.C., Police Station-Lalganj, District-Raebareli, contained as Annexure No. 1 & 2 to this petition, in the interest of justice." After arguing at some length, Sri Neeraj Pandey, 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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, 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench