ANUP KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/11813/2024 · 2025-01-03
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[ 2025 DAILYLAW 170362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170362 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:262 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11813 of 2024 Applicant :- Anup Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Pandey,Ajeet Kumar Srivastava 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 by the applicant with a prayer to quash the charge sheet No. 1/2022 (but written in paragraph 16 as charge sheet No. 368/2022) dated 01.11.2022 filed in Case Crime No. 271/2022, under Sections- 406, 420 IPC, Police Station- Haidergarh, District- Barabanki as well as summoning order dated 22.03.2023 and entire proceedings of Criminal Case No. 1013/2023 (State vs. Kali Baksh Singh and others) pending before Additional Chief Judicial Magistrate, Court No. 17, Barabanki. 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 observations 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, they 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 :- 3.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench