ASHRAF ALI @ KAPTAAN ALI v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER
A482/5451/2025 · 2025-07-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149427 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149427 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:38305 Court No. - 27 Case :- APPLICATION U/S 482 No. - 5451 of 2025 Applicant :- Ashraf Ali @ Kaptaan Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Shobh Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Shobh Nath Pandey, 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:-
" The applicant named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Chargesheet No. 03/2022 dated 02/06/2023, under sections 323,504,506,3548,427 1.P.C. at Police Station Tarun, District Ayodhya, as well as Summoning order dated 09/05/2024, passed by Learned ACJM IInd Faizabad/Ayodhya in Case No. 441/24, State Vs Kaptaan Ali and others arising out of Case Crime No. 232/2022, under sections- 147,148,323,324,325,504,506,3548,427,452 I.P.C. at Police Station Tarun, District - Ayodhya. It is further prayed that the further proceedings of the Case No. 441/24, State Vs Kaptaan Ali pending before the Learned ACJM IInd Faizabad/Ayodhya, may kindly be stayed, during pendency of this application."
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 :- 7.7.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench