GHANSHYAM YADAV AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
NA528/504/2025 · 2025-05-30
Manish Kumar
body2025
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[ 2025 DAILYLAW 141215 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 141215 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33902 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 504 of 2025 Applicant :- Ghanshyam Yadav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Dixit,Neeraj Kumar Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 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 kindly be pleased to quash the impugned charge sheet no. 01 dated 21.08.2024 arises out of case no. 424 of 2025 crime no. 132 of 2024, under section 115(2),352,351(2) Bhartiya Nyay Sanhita, 2023 and section 3(1)(da), 3(1)(dha), 3(2)(va) SC/ST Act, related to police station Rahimabad, District Lucknow, State versus Kamlesh and others as contained in Annexure No.1 to this petition." 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. Learned AGA has no objection to the prayer made by
learned counsel for the applicants. 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. 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 :- 30.5.2025 Nitesh/Santosh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench