SHASHANK BAJPAI v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/8933/2025 · 2025-10-28
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 202434 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 202434 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8933 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Heard. Instant application has been filed for the following main relief:-
"For the facts, reasons and circumstances stated in the accompanying Petition/Application under section 528 of B.N.S.S duly supported by an affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the operation and implementation of impugned chargesheet dated 30.11.2016, under section 420, 406, 452, 323, 504 or 506, filed in F.I.R No. 0527 of 2015, dated 04.11.2015, P.S- Purwa, District- Unnao, and the subsequent impugned Summoning Order dated 02.05.2017 in Case No-698 of 2017, and impugned BW dated 05.09.2017, and 25.09.2017 NBW order issued by Court of Judicial Magistrate Purwa, Unnao (ANNEXURE NO-1, 2, 3 and 4) in the interest of justice." 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine as also to prefer a discharge application before the court below and the same may be decided expeditiously after taking note of observations made in various pronouncements including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. vs. State of U.P., (2024) 10 SCC 690. Versus Counsel for Applicant(s) : Shraddha Tripathi, Pawan Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Shashank Bajpai .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. 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 and the same shall be decided expeditiously after taking note of observations made in various pronouncements, including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd.. 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. October 28, 2025 Vinay/- A482 No. 8933 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench