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2025 DAILYLAW 149704 (ALL)

MAYANKAR AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/698/2025 · 2025-07-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38185 Court No. - 27 Case :- APPLICATION U/S 528 BNSS No. - 698 of 2025 Applicant :- Mayankar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- D.P. Dutt Tiwari 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:- "That for the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quashed/set aside the Impugned Charge Sheet No. 01 of 2025 dated 15.01.2025, Under Section-191(2), 115(2), 352, 351(2), 125(a), 110 of Bharatiya Nyaya Sanhita, 2023 against petitioners, arising out of F.I.R./Case Crime No. 0310 of 2024, Police Station-Ranipur, District-Bahraich, which has been filed before the Learned Additional Chief Judicial Magistrate, Court No.5, Bahraich, and quashing of Criminal Case No.16709 of 2025 (State Versus Lallan & others) including cognizance and summoning order dated 07.04.2025, registered against petitioners on the basis aforesaid impugned charge sheet, pending before Learned Additional Chief Judicial Magistrate, Court No.5, Bahraich, to prevent event abuse of process of Court or otherwise to secure ends of Justice, which are contained as Annexure No.1 & 2 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No.16709 of 2025 (State Versus Lallan & others), pending before Learned Additional Chief Judicial Magistrate, Court No.5, Bahraich, during the pendency of the present case." 3. After arguing at some length, Sri D.P. Dutt Tiwari, 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