NILOPHER AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO AND 4 OTHERS
/11895/2024 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169869 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169869 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1258 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11895 of 2024 Applicant :- Nilopher And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko And 4 Others Counsel for Applicant :- Piyush Chandra Agarwal,Pankaj Kumar Counsel for Opposite Party :- G.A. 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 under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short
"BNSS") has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that the impugned summoning
order as contained in Annexure No.-01 along with charge sheet as contained in Annexure No.-04 including all consequent proceedings in case no 93077 of 2023 pending before Special, Chief Judicial Magistrate, Lucknow may kindly be quashed."
3. After arguing 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 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.
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 liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their 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 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 7.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench