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2025 DAILYLAW 168877 (ALL)

SANDEEP GUPTA v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME U.P. LKO. AND ANOTHER

A482/10407/2024 · 2025-01-02

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:121 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10407 of 2024 Applicant :- Sandeep Gupta Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Hari Om Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. Instant application has been preferred by the applicant(s)/petitioner(s) for quashing impugned criminal proceedings of Criminal Case No.11767 of 2024, arising out of Case Crime No.86 of 2024 under Section 498-A, 323, 504, 506 IPC & Section 3/4 of D.P. Act, P.S.-Dhanpatganj, District- Sultanpur as well as cognizance order dated 14.08.2024 including charge sheet dated 10.06.2024. After arguing, 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (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 apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 2.1.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench