ATUL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/4757/2025 · 2025-05-30
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144200 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144200 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34085 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4757 of 2025 Applicant :- Atul Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Krishna Mohan Srivastava,Sumit Awasthi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" WHEREFORE it is most respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the entire criminal proceedings of case no. 222/2025(State of U.P. Vs. Atul Singh), crime no. 244/2023, under section 406, 420, 504, 506 IPC, police station- Dariyabad, pending before the court of A.C.J.M Court No. 25 Barabanki, as well as quash/set-aside the charge sheet dated 30.09.2023 filed in crime no. 244/2023, under section 406, 420, 504, 506 IPC, police station-Dariyabad as well as the cognizance order dated 01.02.2025 passed in criminal case no. 222/2025, crime no. 244/2023, under section 406, 420, 504, 506 IPC, police station- Dariyabad by learned A.C.J.M Court No. 25, Barabanki in the interest of justice."
3. After arguing the matter at some length, 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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.
4. Learned A.G.A has no objection to the prayer made by
learned counsel for the applicant.
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 applicant applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender 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, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 30.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench