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2025 DAILYLAW 199722 (ALL)

KRISHNA MURARI SHUKLA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1606/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1606 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 528 of BNSS has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass an order thereby allowing the petition by quashing the Special Case No.44727/2025 parties "State Versus Krishna Murari Shukla and others" and order dated 16.07.2025 passed by Additional Civil judge(J.D.), Court No.2 Hardoi by means of which the petitioners have been summoned and Charge-Sheet No.14/2025 dated 27.01.2025 arising out of Case Crime No.06/2025, Under Section 115(2),352,351(2) B.N.S. Police Station- Sawayazpur, District- Hardoi." 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine as also to prefer a discharge Versus Counsel for Applicant(s) : Apoorv Srivastava, Haider Khan Counsel for Opposite Party(s) : G.A. Krishna Murari Shukla And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) 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 trial court(s) 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, if the charges have already not been framed, which shall be decided expeditiously after taking note of the settled law on this issue including the law as laid down by the Hon'ble Apex Court in judgment dated 23.03.2028 passed in the case of Delhi Race Club (1940) Ltd. and Others Versus State of U.P. and another, Criminal Appeal No.3114 of 2024. Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (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. It is made clear that in this regard no application shall be entertained. With the aforesaid observations, the present application is disposed of. October 17, 2025 ML/- NA528 No. 1606 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench