RAJESH KUMAR BAJPAI AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. AND ANOTHER
/11886/2024 · 2025-01-07
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170567 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170567 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1263 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11886 of 2024 Applicant :- Rajesh Kumar Bajpai And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Vibhuti Shukla, Rahul Kumar Shukla 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:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Affidavit u/s 482 Cr.P.C/528 B.N.S.S. and quash the Charge Sheet dated 17.01.2024 filed by 1.0. and the entire criminal proceeding in the case No.- 23338/2024 pending in the Court of Learned A.C.J.(Senior Division), IV, District Sitapur, Under Section 323,504,506,452 IPC, related to PS- Talgaon, District- Sitapur in the interest of justice."
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 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
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. 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.
7. 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