ISTIFAK KHAN AND ANOTHER v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. HOME SECTT. LKO. AND ANOTHER
A482/6914/2025 · 2025-08-25
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159413 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6914 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State as well as perused the record.
2. The present application has been filed by the applicants for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 23.12.2022 passed by learned Additional Chief Judicial Magistrate-I, Baharaich in Complaint Case No. 3098/2019 (Smt. Shahar Banoo Versus Sharikat & Others) under sections 323, 395, 504 & 506 IPC pertaining to Police Station Visheshwarganj, District Baharaich by means of which the learned trial court has issued Non Bailable Warrant against the applicant, as contained in Annexure No.1 to this Application, in the interest of justice."
3. 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 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.
4. Learned A.G.A. 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, their prayer for bail shall be considered and decided expeditiously in accordance with law. August 25, 2025 Anand/- Versus Counsel for Applicant(s) : Mohd.Anas Siddiqui, Mukhtar Ahmad Khan Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Istifak Khan And Another .....Applicant(s) The State Of U.P. Thru. Its Prin. Secy. Deptt. Home Sectt. Lko. And Another .....Opposite Party(s) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench