ANIL KUMAR SONI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LKO. AND ANOTHER
A482/4008/2025 · 2025-05-20
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139587 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139587 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 12 Case :- APPLICATION U/S 482 No. - 4008 of 2025 Applicant :- Anil Kumar Soni And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Utkarsh Misra,Abhishek,Himanshu Mishra Counsel for Opposite Party :- G.A.,Narayan Datt Tiwari,Smt. Usha Tiwari Hon'ble Alok Mathur,J.
1. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State.
2. The present appeal has been filed for setting aside the impugned order dated 12.03.2025 passed by Additional Chief Judicial Magistrate, District Gonda, issuing Non Bailable Warrant and issuance of Proclamation U/S 82 Cr.P.C. against the applicants in Complaint Case No. 871/2016 (Kusum Devi Vs. Anil Kuamr Soni & Others) U/S 419, 42, 468, 471 I.P.C., Police Station Mankapur, District Gonda so far it relates to the applciants.
3. Learned counsel for appellant, after arguing at some length submits that grievance of the appellant shall be redressed in case liberty is granted to the appellant to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection.
4. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellant appears before the trial court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
5. The appeal is disposed of accordingly. (Alok Mathur, J.) Order Date :- 20.5.2025/Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench