SHIV KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
NA528/1161/2025 · 2025-09-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161199 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161199 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1161 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicants for the following main relief:-
"to set aside the order dated 03.06.2025, passed by Civil Judge (Junior Division) F.T.C./Judicial Magistrate Sultanpur, in Criminal Case No. 947/2025, [Shail Kumari Vs Shiv Kumar and Others ]under section 323, 504, 506, 452 I.P.C., registered at Police Station-Lambhua, District- Sultanpur,"
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 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 AGA 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, prayer for bail shall be considered and decided Versus Counsel for Applicant(s) : Sushil Prakash Pandey, Atul Kumar Singh Gaur Counsel for Opposite Party(s) : G.A. Shiv Kumar And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s)
expeditiously in accordance with law. 6. 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. It is made clear that in this regard, no application shall be entertained.
September 8, 2025 Mohit Singh/- NA528 No. 1161 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench