Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 143812 (ALL)

BHOLANATH @ BHOLA @ AMAR BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER

A482/4692/2025 · 2025-05-30

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:33869 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4692 of 2025 Applicant :- Bholanath @ Bhola @ Amar Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shiv Prakash Mishra,Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Heard learned counsel for the applicant 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 applicant with the following prayer:- " For the facts and reasons and circumstances disclosed in the accompanying affidavit, it is most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Sessions Trial No.604 of 2017 "State of U.P. Vs. Kamlesh and others" arising out of Case Crime No.0121 of 2017, registered at Police Station- Raniganj, District Pratapgarh, as well as Non Bailable Warrant dated 24.03.2025 which has been issued against the petitioner, contained as Annexure No.1 to the petition, in the interest of justice." After arguing at some length, Sri Shiv Prakash Mishra, 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 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 applicant. 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 applicant applies for bail before the Court concerned, 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant 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