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2025 DAILYLAW 161661 (ALL)

RAJYA VARDHAN SINGH AND 2 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. (HOME) LKO. AND ANOTHER

A482/7238/2025 · 2025-09-01

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7238 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 reliefs:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash / set aside the proceedings of criminal compliant case No.7877 of 2023 (Kali Sahai Vs. Rajya Vardhan Singh and others), as well as summoning order dated 25.4.2024 and revisional order dated 21.7.2025. under Sections 379/34, 427 of IPC, police station Baldirai, District Sultanpur pending before Additional Chief Judicial Magistrate, Court No.20, District Sultanpur This Hon'ble Court may further be pleased to stay the entire proceedings of criminal complaint case No.7877/2023 (Kali Sahay Vs. Rajya Vardhan Singh and others), as well as summoning order dated 25.4.2024 and also the revisional order dated 21.7.2025 under Sections 379/34, 427 of IPC, police station Baldirai, District Sultanpur pending before Additional Chief Judicial Magistrate, Court No.20, District Sultanpur during pendency of this petition." 3. On being confronted, after considering the case set up in the complaint case by the opposite party No.2 and the statement(s) recorded in terms of Sections 200 and 202 BNSS of opposite party No.2 and Shahab Dayal and Raghuveer Pratap Singh, respectively, learned counsel for the applicants has submitted that liberty may be Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Rajya Vardhan Singh And 2 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. (Home) Lko. And Another .....Opposite Party(s) 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 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 1, 2025 Vinay/- A482 No. 7238 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench