DHARMENDRA KUMAR AND 8 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/4691/2025 · 2025-05-30
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143740 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143740 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33921
Court No. - 14 Case :- APPLICATION U/S 482 No. - 4691 of 2025 Applicant :- Dharmendra Kumar And 8 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Sagar Singh,Shri Ram Maurya 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:-
"A. Quash the Charge sheet dated 08.06.2016 filed in case crime No. 1215/2015 against the petitioners in Case No. 702/2025 (CNR No. 40159592016) bearing title State us. Indar Sahu and Others in Case Crime
No.
1215
of
2015,
Under
Section- 147/148/149/186/188/341/353/332/336/427/504/325 I.P.C. & Under Section-7 of Criminal Law Amendment Act, 1932 Police Station Kotwali, District Unnao, which is annexed as Annexure no. 1 to this petition and the
consequent
proceedings
thereto. B. Set aside NBW order dated 12.01.2023 and 30.04.2025 issued against the petitioners by the Learned ACJM-I, District Unnao for presence in the aforementioned criminal case after taking cognizance in the aforementioned charge sheet." 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