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2025 DAILYLAW 162107 (ALL)

KARAN BAHADUR SAROJ v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7323/2025 · 2025-09-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7323 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Supplementary affidavit filed in the Court today is taken on record. Vakalatnama filed by Sri Avinash Pandey, Advocate alongwith Sri Praveen Shukla, Advocate and Sri Gaurav Pandey, Advocate on behalf of the opposite party No. 2 in the Court today is taken on record. Heard learned counsel for the parties and 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 set aside the entire criminal proceeding of compliant No-30/2024 in re- Mukesh Kumar versus Karan Bahadur as well as impugned order of taking cognizance and summoning the applicant vide order dated 03.02.2025 passed by Learned Civil Judge (JD) / Judicial Magistrate, Lalganj, Pratapgarh, under section 138 Negotiable Instrument Act, P.S. Udaipur, District Pratapgarh, in the interest of justice. (Annexure No-1) Meanwhile this Hon'ble court may kindly be pleased to stay the further operation in compliant No-30/2024 in re- Mukesh Kumar versus Karan Bahadur arising out of impugned summoning order dated 03.02.2025, during pending instant application, in the interest of justice." After arguing the matter at some length, learned counsel for the applicant Versus Counsel for Applicant(s) : Ajai Kumar Shukla Counsel for Opposite Party(s) : G.A., Avinash Pandey, Praveen Shukla Karan Bahadur Saroj .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 expeditiously 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. 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. September 4, 2025 Arun/- A482 No. 7323 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench