HARI GOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/10761/2024 · 2025-02-04
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169196 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:7176 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10761 of 2024 Applicant :- Hari Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Misra Counsel for Opposite Party :- G.A.,Ashish Kumar Singh Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
2. The present application has been filed by the applicant for the following main reliefs:-
"For the facts reasons and circumstances as stated in the accompanying affidavit it is most respectfully prayed before this Hon'ble court that it may kindly be pleased to quash
order dated 15.10.24 passed by Learned session Judge / special Judge POCSO Act Gonda in S.T. No. 1244/2023 and 1300/2023, State Vs. Venketeshwar Dutt Pandey and others, arising out crime no. 193/23, under section 147,148,149, 302, 504, 506 I.P.C. P/S Kotwali Tarabganj, District Gonda, by means of which Learned Trial Court has summoned the applicant using its power under section 319 Cr.P.C. to face the trial under section 147, 148, 149, 302, 504, 506, 120-B, LP.C. in the interest of Justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay further proceeding in S.T.No. 1244/2023 & 1300/2023, State of UP vs. Venketeshwar Dutt and others pending in the Court of Learned Session Judge/Spl. Judge POCSO Act Gonda during the pendency of this petition, in the interest of justice."
3. 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 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 applicant.
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 applicant applies for bail before the court concerned, his 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.
Order Date :- 4.2.2025/Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench