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2025 DAILYLAW 164810 (ALL)

HARIKESH PRASAD SHUKLA AND 3 OTHERS v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1249/2025 · 2025-09-15

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1249 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicants, learned AGA for the State; and Shri O.P.Tiwari, Advocate and Shri Mukesh Kumar Shukla, Advocate, who put in appearance for opposite party no.2 and filed Vakalatnama which is taken on record. 2. The present application has been filed by the applicants for the following main reliefs:- "pleased to quashed the entire criminal proceeding of Criminal Case No. 13520/2025 State Vs Harikesh Prasad & Others arising out of Case Crime No. 06/2025, Under Section- 115 (2) / 131/352/110/117 (2) B.N.S., Police Station- Nasirabad, District- Raebareli which is pending in the Court of Additional Chief Judicial Magistrate IInd Court No. 12 Raebareli against the petitioners, 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 for the State, Shri O.P.Tiwari, Advocate and Shri Mukesh Kumar Shukla, learned counsels for opposite party no.2 have no objection to the prayer made by learned counsel for the applicants. Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Harikesh Prasad Shukla And 3 Others .....Applicant(s) State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 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 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 Mohit Singh/- NA528 No. 1249 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench