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2025 DAILYLAW 158896 (ALL)

SUBEDAR AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NA528/1005/2025 · 2025-08-27

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1005 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. 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 impugned Order dated 10.7.2025, passed by Session Judge, Lakhimpur Kheri, in Misc. Criminal Case no. 13 of 2025, Subedar and Others Vs. Shyam Sunder and Another, whereby Application No. 5Kha filed by the petitioners under section 5 of The Limitation Act has been rejected." 3. On being confronted, 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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 applicants apply for bail before the court concerned, prayer for bail shall be Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Subedar And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. It is made clear that in this regard, no application shall be entertained. August 27, 2025 Vinay/- NA528 No. 1005 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench