NAZIBUL RAHIM KHAN AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
A482/4181/2025 · 2025-05-20
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140526 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140526 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:29774 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4181 of 2025 Applicant :- Nazibul Rahim Khan And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Vakalatnama filed by Sri Sanjeev Singh on behalf of opposite party no. 2 today is taken on record.
2. Heard Sri Satish Kumar Sharma, learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State as well as perused the record.
3. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following prayer:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned B.W. order dated 03.03.2025 issued by the Chief Judicial Magistrate Kheri in case No.5817/2024(State versus Nazibul Rahim and others) Crime No. 0172/20124, U/S 420,467,468,471& 506 I.P.C P.S. Gola, District Kheri Contained as ANNEXURE NO. 1 to this petition."
3. After arguing at some length, learned counsel for the applicants 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 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 applicants apply 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 20.5.2025 AKK Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench