NIRBHAY VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6657/2025 · 2025-08-14
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157109 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47659 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6657 of 2025 Applicant :- Nirbhay Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Abhishek Srivastava,Manoj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main reliefs:-
"to quash the complaint no.4703/2023 (Lal Bahadur versus Ramsagar and others) as well as the impugned order dated 28.05.2025 passed by the Sessions Judge, Lakhimpur Kheri in Criminal Revision No. 12/2025 filed against the order dated 19.07.2023 and also quash the summoning order dated 19.07.2023 passed by the Additional Chief Judicial Magistrate, Mohammadi, Lakhimpur Kheri in Complaint No.4703/2023 (Lal Bahadur versus Ram Sagar and others) under section 323, 504, 506, 427 IPC, Police Station Mohammadi, District Lakhimpur Kheri, so far as it relates with the petitioner and entire criminal proceedings may kindly be kept in abeyance during pendency of present petition against the petitioner, in the interest of justice."
3. Upon considering the contents of complaint as also the statements recorded in terms of Sections 200 & 202 Cr.P.C., learned counsel for the applicant states 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 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 5. 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, prayer for bail shall be considered and decided expeditiously in accordance with law. 6.
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. Order Date :- 14.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench