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2025 DAILYLAW 141380 (ALL)

ANKUR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/4398/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33372 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4398 of 2025 Applicant :- Ankur Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and Sri Piyush Kumar Singh, 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 main prayers:- "Wherefore, it is most respectfully prayed this Hon'ble Court may kindly be pleased to quash/set aside the charge-sheet dated 04.05.2024 (contained in Annexure no. 01) and its correspondence cognizance and summoning order dated 31.08.2024 in F.I.R. No. 0063/2024 under Section 406, 504, 506 IPC, Police Station Sarojini Nagar, District Lucknow (contained in Annexure no. 02) as well as the entire consequential criminal proceeding in Criminal case number 81081 arising out of F.I.R. No. 0063/2024 State of U.P. vs. Ankur Gupta and another pending before Learned Judicial Magistrate-III, District Lucknow against the applicant." 3. After arguing at some length, Sri Anurag Shukla, 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 and also to prefer a discharge application before the court below and the same may be decided expeditiously. 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 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. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, if there is no any other legal impediment and in accordance with law. 7. 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 :- 30.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench