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2025 DAILYLAW 143586 (ALL)

SMT. VAISHALI AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

A482/4745/2025 · 2025-05-30

Manish Kumar

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:33909 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4745 of 2025 Applicant :- Smt. Vaishali And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Roshan Lal,Harish Chandra Bansal 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:- "Wherefore it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash/set aside the charge sheet no. 01, dated 05.12.2019, in case crime no.366 of 2019, under section 147, 452, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda, including cognizance order dated 08.10.2021 passed by Chief Judicial, Magistrate, Gonda, "State Vs. Pappu & others", so far it is against the Petitioners, or passed an order in the light of the Case "Satendra Kumar Antil" passed by Hon'ble Supreme Court, in SLP (Crl.) Nos.55191/2021, as contained Annexure No.1 to this petition, 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