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2025 DAILYLAW 163978 (ALL)

SUSHANT SAXENA v. THE STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

A482/7641/2025 · 2025-09-11

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7641 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Vakalatnama filed by Sri Ajmal Khan, Advocate on behalf of the opposite party No. 2 in the Court today is taken on record. Heard learned counsel for the applicant and learned AGA for the State as well as 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 graciously be pleased to set aside impugned order dated 22.09.2022 passed by learned Session Judge, Barabanki in Revision No-43/2022 Smt. Aruna Srivastava versus The State of U.P and 5 others as well as impugned order of taking cognizance and summoning order dated 08.07.2025 passed by learned Additional Chief Judicial Magistrate Court no.38 Barabanki, in complaint No-4599/2023 under Section 498A, 323, 341, 420, 506 Indian Penal Code and 3/4 Dowry Probation Act, relating to police station Kotwali, District: Barabanki, in re- Smt. Aruna Srivastava versus Sushant Saxena. The certified copy of impugned orders passed by courts below has been annexed as contained as Annexure no.1&2 to this application, to secure otherwise ends of justice. Meanwhile this Hon'ble Court may kindly be pleased to stay further proceeding of impugned order of taking cognizance and summoning order dated 08.07.2025 passed by learned Additional Chief Judicial Magistrate Court no.38 Barabanki, in complaint No- 4599 of 2023 under Section 498A, 323, 341, 420, 506 Indian Penal Code and 3/4 Dowry Versus Counsel for Applicant(s) : Arun Kumar Saxena, Adarsh Srivastava Counsel for Opposite Party(s) : G.A. Sushant Saxena .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) Probation Act, relating to police station Kotwali, District: Barabanki, Smt. Aruna Srivastava versus Sushant Saxena and others during pending instant application, in the interest of justice." At the very outset, 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 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 11, 2025 Arun/- A482 No. 7641 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