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2025 DAILYLAW 202402 (ALL)

KOMAL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9022/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9022 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard Ms. Poonam Pandey learned Advocate, holding brief of Sri Manoj Sahu, 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 for the following main reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings & also to quash the Charge Sheet as well as summoning order dated 21.03.2012 with respect of case no. 376/2012, under section 420/406 IPC corresponding section 316/318 of BNS, name and style as State Vs, Komal relating to Police Station- Lalganj, District-Raebareli pending in the court of Additional Chief Judicial Magistrate IV Raebareli, contained as Annexure no. 1 and 2, to this petition." After arguing the matter 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. 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 SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. Versus Counsel for Applicant(s) : Manoj Sahu, Revi Raghavan Counsel for Opposite Party(s) : G.A. Komal Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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, if the charges have not been framed, which shall be decided expeditiously after taking note of settled law on this issue including the law laid down by the Hon'ble Apex Court in judgment dated 23.08.2024 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 observations made by the Hon'ble Apex Court 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 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. October 17, 2025 Jyoti/- A482 No. 9022 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench