SANTOSH SAHU AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/7286/2025 · 2025-09-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160939 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160939 (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. - 7286 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 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 the entire proceeding of the Complaint Case No.973/2016, Smt. Renu Trivedi V/s Santosh Sahu and another, under section 379, 504, 506 IPC, relating to Police Station- Lalganj, District-Raibareli, pending before court of Learned Additional Chief Judicial Magistrate, Court No.12, District-Raibareli and impugned summoning order dated 23.08.2017 passed by Additional Chief Judicial Magistrate, Court No.12, District- Raibareli as well as impugned order dated 18.04.2025 passed by learned Additional Sessions Judge-Vth/Special Judge Gangster Act, District-Raibareli in the matter of Criminal Revision No.342 of 2023, titled as Santosh Sahu and another V/s Smt. Renu Trivedi and another, as contained in Annexure No.1 and 2 to this petition." 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 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 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. Versus Counsel for Applicant(s) : Vivek Shukla Counsel for Opposite Party(s) : G.A. Santosh Sahu And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko.
And Another .....Opposite Party(s)
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. With the aforesaid observations, the present application is disposed of. September 4, 2025 Jyoti/- A482 No. 7286 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench