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2025 DAILYLAW 164165 (ALL)

CHEENA @ SANTOSH CHAURASIYA @ SANTOSH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO AND ANOTHER

A482/7802/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7802 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:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding Initiated against the petitioners in pursuance of the impugned charge sheet dated 16.01.2019 arising out Case Crime No. 01/2019, Under Section-323, 308, 504, 506 I.P.C., Police Station-Rupaidiha, District-Bahraich, and cognizance/summoning order dated 02.03.2020 passed by Chief Judicial Magistrate Bahraich in case no. 21055/2020 (state versus Cheena @ Chandrashekhar and others), in the interest of Justice." 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 Versus Counsel for Applicant(s) : Dhananjai Kumar Tripathi Counsel for Opposite Party(s) : G.A. Cheena @ Santosh Chaurasiya @ Santosh And Another .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko And Another .....Opposite Party(s) 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 15, 2025 Vinay/- A482 No. 7802 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench