ASHWANI SONKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. U.P. GOVT. LKO.
A482/4120/2025 · 2025-05-16
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140243 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140243 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28907 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4120 of 2025 Applicant :- Ashwani Sonkar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Govt. Lko. Counsel for Applicant :- Pravin Kumar Verma,Vipin Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Subham Yadav, learned Advocate holding brief of Sri Pravin Kumar Verma, learned counsel for the applicant and learned AGA for the State and 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 pass an order or direction for quashing of charge sheet dated 30/08/2023 and summoning order in Case No.37609/2025 arising out of case crime no-295/2023,under section -354/504/506 IPC, police station-Vibhuti Khand, District Lucknow as (Annexure No.1) alongwith summoning
order dated 02.04.2025 passed by the court of A.C.J.M-II, Room No.26, District-Lucknow as (Annexure No. 2) and case is under pending before the court of A.C.J.M-II, Room No.26, Lucknow (State Versus Ashwani Sonkar & another) by this Hon'ble Court."
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, their 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 :- 16.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench