MEET @ AJAY @ AKSHAY PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/10239/2024 · 2025-05-09
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168693 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168693 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27508 Court No. - 14 Case :- APPLICATION U/S 482 No. - 10239 of 2024 Applicant :- Meet @ Ajay @ Akshay Pratap Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi,Nitin Singh,Sonu Gupta,Syed Mohammad Abid Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-
" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the summoning order dated 19.07.2023 as well as Charge Sheet No. 05/2022, dated 04.01.2022, arising out of the Case Crime No.0032/2021, under section 2/3 of U.P. Gangster Act, Police Station-Mahrajganj, District-Raibareli, in Case No. 1228/2023 (State versus Abhishek Singh @ Tikari and others), pending in the court of Learned Special Judge Gangster-V, Raibareli, against the Petitioners (so far as it relates to the Petitioners), as contained in Annexure No. 1 and 2 to this petition. And it is further prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Case No.1228/2023 (State versus Abhishek Singh @ Tikari and others), in Case Crime No.0032/2021, under section 2/3 of U.P. Gangster Act, Police Station-Mahrajganj, District-Raibareli, pending in the court of Learned Special Judge Gangster-V, Raibareli (so far as it relates to 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 A.G.A 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 applies 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 Satender 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.
Order Date :- 9.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench