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2025 DAILYLAW 170725 (ALL)

NARESH @ NARESH KUMAR @ NARESH VISHWAKARMA v. STATE OF U.P. THRU. PRIN. SECY. ELECTRICITY DEPTT. CIVIL SECTT. LKO AND ANOTHER

/11969/2024 · 2025-01-09

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Neutral Citation No. - 2025:AHC-LKO:1693 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11969 of 2024 Applicant :- Naresh @ Naresh Kumar @ Naresh Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Electricity Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Rajesh Kumar Sharma,Deepali Prajapati,Prabhu Sharan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant 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 this Hon'ble Court may kindly be pleased to quash/set aside the entire criminal proceeding of S.ST. No.1593/2024 "State Vs. Naresh" arising out of case crime No.1016/2021, under section 135 Indian Electricity Act at P.S. -Anti Power Theft Unnao, District Unnao along with summoning order & bailable warrant dated 30.09.2024 passed by Additional District Judge IVth/E.C. Act, Unnao as well as charge sheet dated 14.05.2024, with N.B.W. dated 19.11.2024, contained as Annexure No.1 & 2 to this petition, in the interest of justice." 3. 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. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. 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. 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. Order Date :- 9.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench