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2025 DAILYLAW 162231 (ALL)

SAURABH NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7402/2025 · 2025-09-04

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7402 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed by the applicant to quash the entire criminal proceedings of Complaint Case No. 9765 of 2024, under Section 138 read with Section 142 of the N.I. Act, registered at Police Station- Kotwali Nagar, District-Sitapur, including summoning order dated 06.05.2025 passed by the Additional C.J.M.-IInd, District-Sitapur. 3. 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 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 applicant. 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 applicant applies 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 Versus Counsel for Applicant(s) : Lalji Prasad Shukla Counsel for Opposite Party(s) : G.A. Saurabh Nigam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 apply 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. September 4, 2025 Vinay/- A482 No. 7402 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench