ASHISH KUMAR @ BABULAL AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL SECRT. LKO. AND ANOTHER
A482/5602/2024 · 2025-01-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143137 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143137 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3161 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5602 of 2024 Applicant :- Ashish Kumar @ Babulal And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Bhagwandeen Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge- Sheet dated 07.12.2023 vide Charge-Sheet No. 477/2023 has filed by the investigating officer in Case Crime/FIR No.0511/2023, U/S-147, 148, 149, 504, 452, 323, 506, 308, 3(2)(va) I.P.C. Police Station-Raunahi, District-Ayodhya as well as summoning order dated 05.03.2024 in Spl.S.T No. 40/2024 (State Vs. Ashish Kumar @ Babulal & others), Case Crime/FIR No. 0511/2023, U/S-147, 148, 149, 504, 452, 323, 506, 308, 3(2)(va) I.P.C. Police Station-Raunahi, District-Ayodhya issued by the Learned Special Sessions Judge S.C./S.T. Act, Ayodhya, District-Ayodhya against the petitioners (contained as Annexure Nos. 1 & 2) to this petition, in the interest of Justice."
3. 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 Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may 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, their 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 and the same shall be decided expeditiously in accordance with law.
7. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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 :- 17.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench