SURESH YADAV AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
A482/4470/2025 · 2025-05-27
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141542 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141542 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 14 Case :- APPLICATION U/S 482 No. - 4470 of 2025 Applicant :- Suresh Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Meenakshi Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire criminal proceedings in Criminal Case No. 124/2025, arising out of the Crime No. 0166/2024 U/S. 308,323,325,504 & 506 of I.P.C., Police Station-Jalalpur, District- Ambedkarnagar, registered as 'State of U.P Versus Suresh yadav and Others' wherein the chargesheet was filed on dated 04.07.2024 as contained in Annexure No.1 and the petitioner was summoned vide summoning order dated 20.01.2025 as contained in Annexure No.2 respectively to the accompanying affidavit, in interest of justice."
3. After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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 also be directed to be decided expeditiously.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicants.
5. Keeping in view the aforesaid, the present application 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, prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment.
7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender 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, they would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 27.5.2025 DiVYa/Amit Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench