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2025 DAILYLAW 156512 (ALL)

RAM DHIRAJ YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/8662/2023 · 2025-07-07

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38251 Court No. - 27 Case :- APPLICATION U/S 482 No. - 8662 of 2023 Applicant :- Ram Dhiraj Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Firoz Ahmad Khan Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey Hon'ble Manish Kumar,J. 1. Counter affidavit filed today by learned AGA is taken on record. 2. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 3. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- " Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned summoning order dated 14.07.2023 passed by learned Additional Civil Judge (Junior Division)-II/Judicial Magistrate, Ayodhya in Criminal Case No. 2788/2022 (State Versus Anurag & others) arising out of Case Crime No. 414/2018, under sections-under sections-147, 148, 149, 307, 323, 325, 354-B, 452, 427, 504, 506 IPC, Police Station Inayat Nagar, District Faizabad/Ayodhya including entire proceeding initiated in pursuance thereof against the petitioner (so far it relates with the petitioner) as contained in annexure no. 1 to this petition)" 4. 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 Satendra 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 5. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 6. Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS 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. 7. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment. 8. Taking note of the facts of the case and also the observations 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 applicants in the aforesaid case. Order Date :- 7.7.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench