Allahabad High Court
Ramesh Chander And Another vs State Of U.P. Thru. Addl. Chief Secy. ... on 22 April, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:22782 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 333 of 2025 Applicant :- Ramesh Chander And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Dept. Of Home Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Heard Shri Gulam Mustafa, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with a prayer to quash the impugned charge sheet No. 166/2024 dated on 31.8.20234 in Case No. 2828/2024 arising out Case crime no. 181/2024 U/S 115(2), 352, 351(2), 117(2) BNS P.S. Purwa District Unnao filed by the 1.0. against the petitioners on 31.8.2024 and as well as summoning order dated 20.12.2024 pending in the court of Judicial Magistrate Purwa Unnao. As contained in annexure no. 1 & 2 to this petition.
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 A.G.A 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 applies 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 applicants 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, in case there is no other legal impediment.
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 :- 22.4.2025 DiVYa