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2025 DAILYLAW 170191 (ALL)

TAUHEED ALAM AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (HOME) LKO. AND ANOTHER

A482/12034/2024 · 2025-01-03

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Neutral Citation No. - 2025:AHC-LKO:283 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12034 of 2024 Applicant :- Tauheed Alam And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. (Home) Lko. And Another Counsel for Applicant :- Prince Singh,Saurabh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "The petitioner named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Charge-sheet No.335/2021, dated 04.12.2021, under sections - 323, 324, 504, 506, 308 I.P.C. Police Station Bangarmau, District Unnao, as well as summoning order dated 08.02.2022 passed by Additional Chief Judicial Magistrate, 1, Unnao, in Criminal Case No. 1057 / 2022, 'State Vs Tauheed Alam', arising out of Case Crime No. 410/2021, under section 323, 324, 504, 506, 308, I.P.C, Police Station Bangarmau, District - Unnao, contained in Annexure no. 1 and 2. It is further prayed that this Hon'ble Court may kindly also be pleased to stay the further proceeding of aforesaid Case No.1057/2022, 'State Vs Tauheed Alam, during pendency of the present petition, in the interest of justice." 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 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 applicants. 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. Liberty is also granted to the applicants 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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 3.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench