PRMOD KUMAR @ PRAMOD KUMAR YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7087/2025 · 2025-09-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160259 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160259 (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. - 7087 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"Wherefore it is respectfully prayed that this Hon'ble court may kindly be pleased to set aside the Order dated 29.07.2025 passed by the Learned Third Additional District and Session Judge Bahraich in Criminal Revision No 36/2025 (UPBH010005622025) Pramod Kumar Yadav and Another Versus State of U.P. and Another) as well as Summoning order dated 28.03.2023 passed by the Court of Learned Chief Judicial Magistrate, Bahraich, in Complaint Case No.12135/2023,
"Jeevan Lal Versus Pramod Kumar and others", where by the applicants have been summoned under section 498-A, and 304-B, of Indian Penal Code, and 3/4 of D.P. Act Police Station - Kotwali Dehat, District- Bahraich, in the interest of justice. (Contained as Annexurer's 1 & 2)." After arguing 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 decided in view of law Versus Counsel for Applicant(s) : Rajan Singh Counsel for Opposite Party(s) : G.A. Prmod Kumar @ Pramod Kumar Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus 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. 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 observation made 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/Court concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he 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. With the aforesaid observations, the present application is disposed of. September 8, 2025 ML/- A482 No. 7087 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench