Allahabad High Court
Rajneesh Kumar Dhanuk @ Rajneesh Kumar ... vs State Of U.P. Thru Sec. Home Deptt. And ... on 12 March, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:15437 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2403 of 2025 Applicant :- Rajneesh Kumar Dhanuk @ Rajneesh Kumar And Another Opposite Party :- State Of U.P. Thru Sec. Home Deptt. And Another Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.
2. The present application has been filed by the applicants for the following main reliefs:-
"to quash 'the criminal proceeding in case no. 4059/2023, in crime no. 0431/2015, 498-A, 323, 504, 506, 406, 452 of the I.P.C, and U/s- 3/4 of the Dowry Prohibition Act at P.S- Gangaghat, District Unnao, in the matter of State vs. Rajneesh and others, pending before the Civil Judge (Junior Division) F.T.C (Crime Against Women), Unnao be quashed, in the interest of justice, A true photo copy of order annexed herewith the annexure no. 1 in the affidavit."
3. After arguing the matter 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 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.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicants.
5. 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, prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously in accordance with law.
7. 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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.
Order Date :- 12.3.2025 Mohit Singh/-