RAM SHANKAR AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/834/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153612 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43492 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 834 of 2025 Applicant :- Ram Shankar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajan Mishra,Pratyush Rawat,Soumya Dixit Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard Shri Devansh Kumar, Advocate holding brief of Shri Pratyush Rawat,
learned counsel for the applicants and 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(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside the impugned order dated 08.04.2025, whereby a summons has been issued against the applicants, passed by the learned Court of A.C.J.M. Court No. 17, Barabanki, under Section 3(5), 110, 115(2), 333, 351(2) and 352 of B.N.S. in crime No. 462/2024, contained in Annexure No.1 to this writ application. This Hon'ble Court further quash the entire proceedings of case No. 1854/2025under Section 3(5), 110, 115(2), 333, 351(2) and 352 of B.N.S., which is pending before learned Court of A.C.J.M. Court No. 17, Barabanki."
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, 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 applicant. 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. 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. 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. It is made clear that in this regard, no further application for extension of time shall be entertained after lapse of 30 days' period.
Order Date :- 28.7.2025 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