SAHJAAD SHEKH AND OTHERS v. STATE OF U.P. THRU. ADDIL. CHIEF SECY. DEPTT. HOME LKO. AND OTHER
A482/7282/2023 · 2025-08-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151594 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151594 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:46882 Court No. - 11 Case :- APPLICATION U/S 482 No. - 7282 of 2023 Applicant :- Sahjaad Shekh And Others Opposite Party :- State Of U.P. Thru. Addil. Chief Secy. Deptt. Home Lko. And Other Counsel for Applicant :- Jay Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main relief:-
"That in view of the facts, circumstances and reasons stated in the accompanying affidavit, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to quash the proceeding of Criminal Case No 10203/2020, Mahmood Ali versus Sahjaad Shekh and Others, u/s- 498-A, 323, IPC 2/3 D.P. Act, PS- Mandhata, District- Pratapgarh as well as Summoning order dated 16.03.2023 passed by Civil Judge (C.D.) / F.T.C. II, District-Pratapgarh And further be pleased to stay the further proceeding of Criminal Case No 10203/2020, Mahmood Ali versus Sahjaad Shekh and Others, u/s-498-A, 323, IPC 2/3 D.P. Act, PS- Mandhata, District- Pratapgarh during pendency of the present application before this Hon'ble Court in the interest of justice."
3. After arguing the matter at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by the 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 applicants. 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 applicants apply for bail before the court concerned, their 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 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. Order Date :- 11.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench