SMT. KANCHAN RAWAT AND 3 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
A482/7876/2025 · 2025-09-22
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165097 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165097 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7876 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:-
"A) To quash/setting aside the order dated 03.03.2025 by means of which Non bailable warrant has been issued and thereafter the proceeding of section 84 B.N.S.S. has been issued by the Additional District Judge-10, Lucknow in case no. 1142/2017 in Re Ram Khelawan vs. Smt. Kanchan, under section 304 IPC, P.S.-Indiranagar, District-Lucknow, which is contained as Annexure No. 1 & 2 of the present application."
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) : Rajesh Kumar, Mahendra Bahadur Singh, Vikas Singh Counsel for Opposite Party(s) : G.A. Smt. Kanchan Rawat And 3 Others .....Applicant(s) State Of U.P. Thru. Its 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 22, 2025 Vinay/- A482 No. 7876 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench