ANIL KUMAR v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
/11937/2024 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169959 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169959 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:875 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11937 of 2024 Applicant :- Anil Kumar Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raj Bahadur Singh Rawat,Durgesh Kumar Rawat,Suman Kanoujia 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. The present application has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned non bailable warrant dated 8.6.2017 issued by A.C.J.M. VII Lucknow in case no.5383/2010, State vs. Anil Kumar arising out of case crime no. 148/2008, under section 60/63, excise Act, P. S.Banthra, Distt. Lucknow, as well as order dated 18.4.2018 of non bailable warrant and proceeding of 82 Cr.P.C., alongwith the entire criminal proceeding of the aforesaid case since 8.6.2017 to onwards as contained in Annexure no, 1 and 2 to this petition in the interest of justice." 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 applies 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 applies 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 :- 7.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench