HARIKESH AND ANOTHER v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/5828/2025 · 2025-07-21
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152247 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152247 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41619 Court No. - 13 Case :- APPLICATION U/S 482 No. - 5828 of 2025 Applicant :- Harikesh And Another Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main reliefs:-
"to quashed the entire criminal proceeding of Criminal Case No. 387/2025 State Vs Harikesh & Others arising out of Case Crime No. 0216/2023, Under Section- 147/452/354/323/504/506 I.P.C. relating to Police Station- Amethi, District- Amethi which is pending in the Court of Additional Chief Judicial Magistrate Room No. 20 Sultanpur, District-Sultanpur against the petitioners, 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 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, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. 4. Learned AGA 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, prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously in accordance with law. 7.
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. 8. It is made clear that in case the benefit, as above, is not availed by the applicants within the stipulated time, no application for extension of time would be entertained. Order Date :- 21.7.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench