Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 164196 (ALL)

SURESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/7797/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7797 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 in the aforesaid facts and circumstances the application preferred under section 482 Cr.P.C. Corresponding to Section 528 Bhartiya Nagrik Suraksha Sanhita 2024 (BNSS) may kindly be allowed and the impugned chargesheet along with cognizance order dated 27-7-2022 passed by Learned Court of Additional Chief Judicial Magistrate V, Lucknow in Case No. 67564/2022 arising out of FIR No: 0332/2021 Under Section 406 and 420 IPC Police Station: Jankipuram District Lucknow presently pending before Special Chief Judicial Magistrate Customs Lucknow may kindly be quashed/set-aside in respect of applicant in the interest of justice and/or may pass any such order as this Hon'ble Court may deem fit and proper 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 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 Versus Counsel for Applicant(s) : Anuuj Taandon Counsel for Opposite Party(s) : G.A. Suresh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) expeditiously in accordance with law. 6. Liberty is also granted to the applicant to prefer discharge application before the Court concerned which shall be considered and decided in accordance with law. 7. 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. 7797 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench