SAURAV YADAV v. STATE OF U.P. THRU. ADDL. PRIN. SECY. DEPTT. OF HOME LKO.
A482/4128/2025 · 2025-05-21
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140280 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:30211 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4128 of 2025 Applicant :- Saurav Yadav Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Piyush Asthana,Ujjwal Kirti Bisen Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Sri Ujjwal Kirti Bisen, 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 quash the impugned cognizance order dated 20/02/2025 (Annexure no. 2) issued by the Special Chief Judicial Magistrate, Lucknow in Case Crime No. 112/2024, under Sections 323, 504, 506, 420, 406, 120B IPC & 66C IT Act, P.S. Malihabad,
District
-
Lucknow ii. To quash the impugned summoning order dated 20/02/2025 (Annexure No. 1) issued by the Special Chief Judicial Magistrate, Lucknow in Case Crime No. 112/2024, under Sections 323, 504, 506, 420, 406, 120B IPC & 66C IT Act, P.S. Malihabad,
District
-
Lucknow. iii. To quash the impugned chargesheet dated 17/12/2024 (Annexure No. 2) of FIR no. 112/2024 lodged u/s 323, 504, 506, 420, 406, 120B IPC & 66C IT Act dated 23/04/2024. iv. To quash the entire proceedings of the instant case."
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 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 applicants in the aforesaid case. 7. With the aforesaid observations, the present application, is
disposed of.
Order Date :- 21.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench