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2025 DAILYLAW 142077 (ALL)

YADKARAN @ YAD KARAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

A482/4582/2025 · 2025-05-29

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33142 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4582 of 2025 Applicant :- Yadkaran @ Yad Karan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Mukesh Kumar,Guddu Kumar,Narsingh Bahadur Singh,Rakesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant and learned AGA appearing for the State. Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:- "यह ककि ययाचची किके कविरुद्ध अधधिनस्त न्ययाययालय दयारया पयाररत किकी गयची समस्त कियायरवियाकहययों पर स्थगन किरनके किकी किक पया किकी जयाय तथया सम्मकननिंग आदकेश कदनयानिंकि : 23/12/2022 सनिंलग्नकि सनिंख्यया-03 एविनिं आररोप-पत सनिंलग्नकि सनिंख्यया-02 एविनिं पनिंजचीकिक त पयाथकमकि ससूचनया ररपरोरर म० अ०सनिं० -0407/2021 धियारया-506 आई०पची०सची० थयानया-हजरतगनिंज, जनपद लखनऊ सनिंलग्नकि सनिंख्यया-01 किरो न्ययाय कहत मम कविखनिंकडित किरनके किकी किक पया किकी जयायके।" After arguing the matter at some length, Sri Mukesh Kumar, 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 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. Learned A.G.A has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. 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, if there is no any other legal impediment. 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 29.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench