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2025 DAILYLAW 139864 (ALL)

DHIRENDRA SINGH ALIAS BACHCHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/4103/2025 · 2025-05-16

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28898 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4103 of 2025 Applicant :- Dhirendra Singh Alias Bachcha Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard Sri Manoj Kumar Pandey, 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:- " (i) To set aside the the entire criminal proceedings of Case No. Case No.862 of 2021 "State Versus Dhirendra Singh @ Bachcha" pending in the Court of Ld. District & Sessions Judge, Court No.7, Raebareli arising out of Case Crime No. 0426 of 2021, Under Sections- 8/ 20 N.D.P.S Act, Police Station Lalganj, District-Raebareli as well as impugned N.B.W order dated 19.03.2025 and impugned chargesheet dated 26.11.2021 filed by Investigating Officer against the petitioner. Copy of the impugned NBW Order dated 19.03.2025 and Chargesheet dated 26.11.2021 are being filed herewith as Annexure No.1 & 2 to this petition." 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 :- 16.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench