Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 139307 (ALL)

RAJESH PRATAP SINGH v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. U.P. GOVT. LKO. AND ANOTHER

A482/3968/2025 · 2025-05-09

Manish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:27469 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3968 of 2025 Applicant :- Rajesh Pratap Singh Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. U.P. Govt. Lko. And Another Counsel for Applicant :- Suresh Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 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:- "i) this Hon'ble Court may graciously be pleased to quash and set aside the impugned Charge Sheet No. 118 A/2012, dated 16-09-2012, order of Cognizance dated 11-01-2013, passed by the A.C.J.M. IIIrd. Court No. 19, Sultanpur in Crl. Case No 1339/2012, Case Crime No. 317/2012, U/S-419,420,406,467,468,470,471 LP.C., Police Station Dostpur, District- Sultanpur, State vs. Raja Ram and Others, pending in the court of the A.C.J.M., Court No. 19, Sultanpur, against the petitioner, contained as Annexure No. 1 & 2 to this petition, in the interest of justice." After arguing at some length, Sri Suresh Chandra Srivastava, 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, their 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 :- 9.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench