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2025 DAILYLAW 158528 (ALL)

SHEKHAR @ SHEKHAR SANDAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOMES LKO. AND ANOTHER

A482/6871/2025 · 2025-08-22

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49398 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6871 of 2025 Applicant :- Shekhar @ Shekhar Sandal Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Homes Lko. And Another Counsel for Applicant :- Salman Abbas,Syd Shaheen Fatma,Syed Waqar Husain 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):- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased quash/set-aside the order dated 4.4.2025 passed by Learned Additional Court No- Vth Lucknow passed in Case No-2610/2016 under section 138 NI Act P.S Vikas Nagar District Lucknow and all consequential proceeding in the light of Law laid down by Hon'ble Apex Court in case of Inder Mohan Goswami v. State of Uttaranchal [(2007) 12 SCC 1: (2008) 1 SCC (Cri) 259], and or to pass such other and further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case which is contained in as Annexure No-1. Further it is humbly prayed that this Hon'ble Court may graciously be pleased to grant the benefit of Law laid down by Hon'ble Apex Court in case of Satendra Kumar Antil vs CBI, otherwise the applicants will suffer irreparable loss and injury." 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 and the same may also be directed to 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 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 :- 22.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench