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2025 DAILYLAW 160820 (ALL)

RAJ GRAH MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7165/2025 · 2025-08-29

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7165 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):- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application under 482 Cr.P.C. now U/s 528 BNSS, 2023 and quash the entire criminal proceedings of the Complaint case bearing 95433/2022 (CNR No. UPLK041183322022), U/s- 427 I.P.C., (Ashok Kumar Gaur Versus Rajgrah Mishra and Others), Police Station- Madiyaon, District-Lucknow, pending in the Court of Judicial Magistrate III, Room No.36, Lucknow, District - Lucknow, passed against the applicant in the interest of justice." 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. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, Brijendra Pratap Singh, Chetan Kumar Tiwari Counsel for Opposite Party(s) : G.A. Raj Grah Mishra .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 29, 2025 Jyoti/- A482 No. 7165 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench