Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 152923 (ALL)

OM PRAKASH DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) LKO. AND ANOTHER

NA528/812/2025 · 2025-07-28

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:43339 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 812 of 2025 Applicant :- Om Prakash Dubey Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home) Lko. And Another Counsel for Applicant :- Sadhu Sharan Chaubey,Abha Srivastava,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. The present application has been filed by the applicant for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to allow the instant application and quash the entire criminal proceeding of ST no. 283 of 2025 including charge sheet no. 1 dated 08.03.2025 and cognizance dated 30.05.2025 arising out of FIR no. 0022 of 2025, U/s 115 (2), 352, 351 (3) of Bhartiya Nyaya Sanhita, 2023 (In Short BNS, 2023) and Section 3 (1) (r), 3 (1) (s) & 3 (2) (Va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (In Short SC / ST, Act) at P.S. Ranipur, District Bahraich namely State Vs. Om Prakash, pending in the court of Learned Spl. Judge (SC / ST, Act), Bahraich, (As contained in Annexure No 1 & 2), in order to secure the ends of justice." After arguing the matter at some length, 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 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, 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 applicant. 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 applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant 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