RAJU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/3957/2025 · 2025-05-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139394 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139394 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:27499 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3957 of 2025 Applicant :- Raju Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard 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 kindly be pleased to quash the entire proceedings of Criminal Case No. 141465 of 2023 (State Vs. Suneel Yadav and another); arising out of Charge Sheet No. 01 of 2023 dated 23.08.2023 in pursuance of Case Crime No. / First Information Report No. 257 of 2023, Under Section 21 of Mines and Minerals (Development and Regulation) Act, 1957 and Under Section 379 I.P.C., relating to Police Station - Bakshi Ka Talab, District Lucknow, pending before Learned Chief Judicial Magistrate, Lucknow as well as summoning order dated 19.02.2024 (contained as Annexure No. 1 & 2), in the interest of law and justice."
3. After arguing at some length, learned counsel for the applicant 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 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. 7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 9.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench