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2025 DAILYLAW 157065 (ALL)

PRAMOD KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6587/2025 · 2025-08-14

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47531 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6587 of 2025 Applicant :- Pramod Kumar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Deepak Kumar,Krishna Kumar Bhasker Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed by the applicants for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of the Criminal Case No 1266 of 2024, Sakla V/S Pramod & others, related to Police Station Kadipur, District Suldanpur, Pending In the court of Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur and also quash the impugned summoning order dated 27.05.2025 passed by Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur in Criminal Case No 1266 of 2024, Sakla V/S Pramod & others, related to Police Station Kadipur, District Suldanpur, in respect of Applicants only, in the interest of law and justice.." 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 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 applicants. 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. 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. With the aforesaid observations, the present application is disposed of. Order Date :- 14.8.2025/Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench