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2025 DAILYLAW 164498 (ALL)

SANJAY KUMAR @ SANJAY v. STATE OF U.P. THRU. PRIN. SECY, HOME LKO. AND ANOTHER

/7722/2025 · 2025-09-12

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7722 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 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):- "For the facts, reason & circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble court may graciously be pleased pleased to quash the impugned Summoning order dated 04/08/2022, passed by Judicial Magistrate, Mohammadi, District- Kheri, in Parivad No. 169/2022, U/s 498A,323,506 I.P.C.& 3/4 D.P.Act. Police station-Maigalganj, District-Lakhimpur Kheri, (Ramsaran Vs Sanjay & others), contained as ANNEXURE NO 01, with this affidavit, in the interest of justice." 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 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. Versus Counsel for Applicant(s) : Arunendra Nath Mishra Counsel for Opposite Party(s) : G.A. Sanjay Kumar @ Sanjay .....Applicant(s) State Of U.P. Thru. Prin. Secy, Home Lko. And Another .....Opposite Party(s) 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 12, 2025 Jyoti/- A482 No. 7722 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench