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2025 DAILYLAW 170977 (ALL)

RAM SUNDAR SAROJ AND 13 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO.

A482/12055/2024 · 2025-01-20

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3266 Court No. - 12 Case :- APPLICATION U/S 482 No. - 12055 of 2024 Applicant :- Ram Sundar Saroj And 13 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Supplementary affidavit filed today, is taken on record. 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:- "Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the charge-sheet dated 17-02-2022 and Cognizance taken by Judicial Magistrate, Lalganj, Pratapgarh in Criminal Case No. 811/2022 arising out of Crime No. 219/2021 "State Vs. Sundar Lal Saroj and others" in which Learned Trial Court has taken cognizance of Case Crime No. 219/2021 U/S 323, 506, 147, 148, 149, 332, 353, 188, 269, 171C, 152 I.P.C., 07 CLA Act & 03 Epidemic Act, Police Station-Lalganj, District-Pratapgarh and entire proceeding of Criminal Case/Session Case No. 811/2022 arising out of "State Vs. Sundar Lal Saroj and Others" pending before Judicial Magistrate, Lalganj, Pratapgarh, are annexed as Annexure No. 01 & 02 to this 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, his 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 :- 20.1.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench