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2025 DAILYLAW 141845 (ALL)

RAM UJAGIR v. STATE OF U.P. and ANR.

CRLP/22291/2021 · 2025-07-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41298 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 22291 of 2021 Petitioner :- Ram Ujagir Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Suresh Chandra Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioner and learned AGA for the State as well as perused the record. 2. The present petition has been filed by the petitioner for the following main relief:- "to quash and set aside the impugned order dated 17-04-2019, passed by Ld. A.C.J.M. Court NO 17, Sultanpur in Criminal Case No 145/2012, Case Crime No 335/2005, U/S 420,421, 423,424 I.P.C. & Section 3/7 E.C. Act, Police Station Dost Pur, District Sultanpur, Sate vs. Ambika Prasad & others, pending in the court of A.C.J.M. Court NO 17, upholding vide order dated 17-08-2021, passed by Special Judge, E.C. Act / A.S.J., Court No 4, Sultanpur, in Crl Revision No 136/2019, Ram Ujagir Vs. State of U.P., Contained as Annexure No. 13 & 14 to this Writ Petition, & Petitioner may be discharge from the offences against the Petitioner, in the interest of justice." 3. After arguing the matter at some length, learned counsel for the petitioner has submitted that liberty may be given to the petitioner 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 AGA has no objection to the prayer made by learned counsel for the petitioner. 5. Keeping in view the aforesaid, the present petition is disposed of with liberty as prayed for and with a direction to the court below that if the petitioner applies 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 petitioner 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. 7. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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 petitioner applies for bail, whichever is earlier, they would not take any coercive action against the petitioner in the aforesaid case. It is made clear that in this regard no application would be entertained. Order Date :- 18.7.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench