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2025 DAILYLAW 160449 (ALL)

SHARAVAN KUMAR v. STATE OF U.P THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7109/2025 · 2025-08-28

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7109 of 2025 Court No. - 11 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):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash and stay the further proceeding the order dated 18.02.2025 passed by Additional Chief Judicial Magistrate II, Raibareilly in Criminal Case No. 14005 of 2025 (Viswanath Vs Sarvan) under section 138 N.I. Act Police Station Nasirabad, District Raibareilly, and scontained as Annexure No. 1. and set aside the summoning order datec 05.06.2925 passed by learned Judicial Magistrate, Ii Raibareilly_in Criminal Case No. 14005 of 2025 (Viswanath Vs Sarvan) under section 138 N.I. Act Police Station Nasirabad, District Raibareilly." At the very outset, 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. Versus Counsel for Applicant(s) : Anup Kumar Mishra Counsel for Opposite Party(s) : G.A. Sharavan Kumar .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. August 28, 2025 Jyoti/- A482 No. 7109 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench