Allahabad High Court
Atiq Ahmad @ Chand Miyan vs State Of U.P. Thru. Secy. Home Lko. And ... on 27 May, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:31456 Court No. - 14 Case :- APPLICATION U/S 482 No. - 4002 of 2025 Applicant :- Atiq Ahmad @ Chand Miyan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Manisha Trivedi,Rashmi Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following main prayers:-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set aside the impugned summoning order dated 15.06.2024 passed by Judicial Magistrate, Safipur, Unnao in Criminal Case No. 559/2024 (State vs. Ashiq Ali and another) relating to Case Crime No. 04/2024 under section 341, 384, 504, 506 IPC at P.S. Safipu District Unnao and charge sheet No. 22/2024 dated 7.2.2024 submitted by the investigating officer of the aforesaid case crime number and also quashed the entire criminal proceeding of the present case, as contained as Annexure No. 1 & 2 to this application, so far as it relates to applicant."
After arguing at some length, Ms. Manisha Trivedi, 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 Satendra 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 be decided expeditiously.
Learned AGA has no objection to the prayer made by learned counsel for the applicant.
Keeping in view the aforesaid, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for 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, if there is no any other legal impediment and in accordance with law.
Taking note of the facts of the case and also the observations 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.
Order Date :- 27.5.2025 Nitesh