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2025 DAILYLAW 139319 (ALL)

OM PRAKASH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4021/2025 · 2025-05-14

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28168 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4021 of 2025 Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Satish Kumar Sharma, learned counsel for the applicant 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 applicant with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned N.B.W. / 82/83 Cr.P.C dated 28.3.2025 issued by the Additional District Judge -II Lucknow in Session Trial No. 364/2009.(State versus Om Prakash) Crime No. 687/2009, U/S 8/21 of N.D.P.S. Act P.S. Hazratganj, District Lucknow contained as ANNEXURE NO. 1 to this petition. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of Session Trial No. 364/2009.( State versus Om Prakash) Crime No. 687/2009, U/S 8/21 of N.D.P.S. Act P.S. Hazratganj, District Lucknow which is pending in the court of Additional District Judge-II Lucknow." 3. After arguing 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 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 applicant. 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 applicant applies for bail before the Court concerned, his 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 applicant in the aforesaid case. Order Date :- 14.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench