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2025 DAILYLAW 143223 (ALL)

LALLAN ALIAS RAJ NARAYAN AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/4641/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33926 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4641 of 2025 Applicant :- Lallan Alias Raj Narayan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajay Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following 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 proceedings of the Criminal Case No. 124 of 2025 "State Versus Lallan alias Raj Narayan and others" arising out of Case Crime No. 92 of 2023 Under Sections 323/504/506 I.P.C. Police Station-Haiderganj, District-Ayodhya pending in the Court of Judicial Magistrate, IInd, Ayodhya and impugned summoning order dated 20.3.2025 as well as impugned charge sheet dated 17.6.2023 contained in Annexure No.1 and 2 to the accompanying affidavit, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Criminal Case No. 124 of 2025 "State Versus Lallan alias Raj Narayan and others" arising out of Case Crime No. 92 of 2023 Under Sections 323/504/506 I.P.C. Police Station- Haiderganj, District-Ayodhya pending in the Court of Judicial Magistrate, IInd, Ayodhya, in the interest of justice." 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 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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 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. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. Order Date :- 30.5.2025 Nitesh/Santosh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench