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Neutral Citation No. - 2025:AHC-LKO:2784 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1644 of 2010 Applicant :- Ram Bihari Bajpai Opposite Party :- State of U.P. and Others Counsel for Applicant :- Lalit Kishor Tiwari,Ram Kumar Singh Counsel for Opposite Party :- Govt. Advocate,Yaduvansh Mani Singh Hon'ble Saurabh Lavania,J. (I. A. Nos. 2 and 3 of 2025, Applications for condonation of Delay and Recall of Order dated 17.03.2011) Heard. Considering the facts as indicated in the affidavit filed in support of the application for condonation of delay in filing the recall application and application for recall of order dated 17.03.2011, whereby, the instant application U/s 482 Cr.P.C. was dismissed for non-prosecution, this Court finds that the applications are liable to be allowed. Accordingly, the applications are allowed. Delay in filing the application for recall of the order dated 17.03.2011 is hereby condoned. The order dated 17.03.2011 is hereby recalled. The application U/s 482 Cr.P.C. is restored to its original number. (Order on Main Application U/s 482 Cr.P.C.) Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):-
"To quash the impugned proceedings of the Criminal Case No. 1958 of 2010 "State Versus Rajendra Prasad and others" Under Section 409, 447, 166, 167, 203, 217 I.P.C. and 3 (1) (V) & 3 (2) (VII) S.C.S.T. Act pending before the Learned Court of Additional Chief Judicial Magistrate Unnao as well as the charge sheet NO.10A/10 filed in Case Crime No. 334/09 Police Station- Gangagaht District- Unnao filed against the petitioner Under Section 166, 167, 447 I.P.C. and 3 (1) (X) S.C.S.T. Act and the
order of summoning order dated 5.3.2010 after summoning the original from the Learned Court below and to stay the further proceedings of the Case No. 1958 of 2010 "State Versus Rajendra Prasad and others", under Section 409/ 447/ 166/ 167/ 203/ 217 I.P.C. and 3 (1) (V), 3 (2) (VII) S.C.S.T Act pending in the court of Chief Judicial Magistrate, Unnao." 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be 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), 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. With the aforesaid observations, the present application is
disposed of.
Order Date :- 15.1.2025 G. Singh/ Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench