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Neutral Citation No. - 2025:AHC:27795 Court No. - 85 Case :- APPLICATION U/S 482 No. - 41334 of 2023 Applicant :- Ismail Member Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application of applicant and to quash the order dated 10.07.2023 passed by Chief Judicial Magistrate, District Rampur and further be pleased to quash the entire proceeding of criminal case No. 4518 of 2019, in case crime No. 281 of 2018 (State vs Imran Malik and another), under section 379, 411 I.P.C. & 26, 41, 42, 52 of Indian Forest Act 1927, police station Bilaspur, District Rampur. It is further prayed that this may graciously be pleased to stay the further proceeding criminal case No. 4518 of 2019, in case crime No. 281 of 2018 (State vs Imran Malik and another), under section 379, 411 I.P.C. & 26, 41, 42, 52 of Indian Forest Act 1927, police station Bilaspur, District Rampur, pending in the court of Chief Judicial Magistrate, District- Rampur And/or to pass such other and further order, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury." After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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.
Learned AGA has no objection to the prayer made by learned counsel for the applicant(s). 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(s) applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicant(s) 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) 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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is
disposed of.
Order Date :- 27.2.2025 ML Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad