VIRENDRA KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6090/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153673 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153673 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43515
Court No. - 13 Case :- APPLICATION U/S 482 No. - 6090 of 2025 Applicant :- Virendra Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Irfan Alam,Saniya Ansari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed 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 summoning order dated 12.08.2024 passed by the Civil Judge (J.D.) /Judicial Magistrate Utraula, District Balrampur in Cri. Case No. 792/2024 (State versus Virendra Kumar and others) Crime No. 16/2024, U/S 498-A, 323,504& 506 IPC & U/S 3/4 of D.P. Act P.S. Sadulla Nagar, District Balrampur contained as ANNEXURE NO.1 to this petition. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of Cri. Case No. 792/2024 (State versus Virendra Kumar and others) Crime No. 16/2024, U/S 498-A, 323,504& 506 IPC & U/S 3/4 of D.P. Act P.S. Sadulla Nagar, District Balrampur, which is pending in the court of Civil Judge (J.D.) /Judicial Magistrate." After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus 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 as also to prefer a discharge application before the court below and the same may 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 applicants to move discharge application before the court below, if the charges have already not been framed, which shall be decided expeditiously after taking note of the settled law on this issue including the law as laid down by the Hon'ble Apex Court in judgment dated 23.03.2028 passed in the case of Delhi Race Club (1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No.3114 of 2024. Taking note of the facts of the case and also the observation made 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, he would not take any coercive action against the applicant in the aforesaid case. It is made clear that in case the benefit, as above, is not availed by the applicant within the stipulated time, no application for extension of time would be entertained. With the aforesaid observations, the present application is
disposed of.
Order Date :- 28.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench