AFTAB v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/835/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153848 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153848 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43470 Court No. - 13 Case :- APPLICATION U/S 528 BNSS No. - 835 of 2025 Applicant :- Aftab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Seema Kashyap 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 528 of BNSS, 2023 has been filed for the following main relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the summoning order dated 19.11.2024 and Charge Sheet No. 551/2024, dated 12.10.2024, arising out of the Case Crime No.0605/2024, under section 137(2) B.N.S., Police Station-Mohammadi, District-Kheri, in Crl. Case No.1318/2024 (State Vs. Sahil Raza and others), pending in the Civil Judge (S.D.)/F.T.C., Kheri, against the Petitioner (so far it relates to the Petitioner), as contained in Annexure No.1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Crl. Case No. 1318/2024 (State Vs. Sahil Raza and others) arising out of the Case Crime No.0605/2024, under section 137(2) B.N.S., Police Station-Mohammadi, District-Kheri, pending in the Civil Judge (S.D.)/F.T.C., Kheri (so far it relates to the Petitioner), during pendency of the aforesaid petition, in the interest of justice." 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. 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