Court No. - 27 Case :- APPLICATION U/S 528 BNSS No. - 695 of 2025 Applicant :- Kamla Prasad Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sharvan Kumar Pandey,Km. Anjali Gautam Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. 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 main prayers:- "For the facts, reasons and circumstances as stated in the accompanying writ petition duly supported by an affidavit it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned charge sheet viz. The State of U.P. versus Raj Kishor & other vide Charge sheet no. A- 78/2025, FIR No. 0016/2025, Criminal Case No. 1867/2025, Under section Police-Station-Gilaula, District- Shravasti of Add. Chief Judicial Magistrate Shrawasti 318(4), 61(B) BNS, pending in the court of Addl. Chief Judicial Magisrate, Shrawasti. It is further prayed that this Hon'ble court may kindly be pleased to stay the operation and implementation of summoning order dated 15.04.2025 passed in the aforesaid case during the pendency of the present petition." 3. After arguing at some length, Shrawan Kumar Pandey, 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. 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 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. 6. 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 :- 7.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench