DILIP KUMAR v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
/901/2025 · 2025-08-05
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[ 2025 DAILYLAW 155818 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155818 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45321 Court No. - 11 Case :- APPLICATION U/S 528 BNSS No. - 901 of 2025 Applicant :- Dilip Kumar Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Syed Ahmad Mehdi,Saniya Ansari 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 graciously be pleased to set aside the impugned order dated 26.5.2025 passed by the Chief Judicial Magistrate Balrampur, order dated 4.04.2025 passed by the Chief Judicial Magistrate Balrampur, and N.B.W. order dated 08.01.2025 passed by the Chief Judicial Magistrate Balrampur and summoning order dated 08.10.2024 passed by the Chief Judicial Magistrate Balrampur in complaint case No.751/2024( Abhay Shekhar Singh @ Gunjan versus Dileep Kumar) U/S 138 of N.I. Act contained as ANNEXURE NO. 1,2,3&4 to this petition. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of complaint case No.751/2024(Abhay Shekhar Singh @ Gunjan versus Dileep Kumar) U/S 138 of N.I. Act P.S. Kotwali Nagar, District Balrampur. which is pending in the Chief Judicial Magistrate Balrampur." 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. 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 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 application shall be entertained. With the aforesaid observations, the present application is disposed of. Order Date :- 5.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench