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2025 DAILYLAW 152805 (ALL)

CHET RAM AND OTHERS v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME, LKO.

NA528/808/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43337 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 808 of 2025 Applicant :- Chet Ram And Others Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ramu Patel, Advocate holding brief of Sri Amit Kumar Singh, learned counsel for the applicants and learned AGA for the State of U.P. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main relief(s):- "That it would be expedient in the interest of justice that this Hon'ble court may kindly be pleased to quashed the proceeding of criminal case no-2714 of 2025 and charge sheet no -1 dated 01/04/2025 as well as summoning order dated 04/06/2025, arising out of case crime no 0054 of 2025, under section, 191(2) 191(3), 115(2), 351(3),118(1) of B.N.S Police Station -BHINGA District- Shrawasti, pending before the CJM court, shrawasti." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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. Liberty is also granted to the applicants to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously in accordance with law. 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 further application for extension of time shall be entertained after lapse of 30 days' period. With the aforesaid observations, the present application is disposed of. Order Date :- 28.7.2025/Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench