Allahabad High Court
Jafar Mirza vs State Of U.P. Thru. Prin. Secy. Home ... on 9 May, 2025
Author: Manish Kumar
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:27465 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3969 of 2025 Applicant :- Jafar Mirza Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Ravindra Nath Pandey 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 prayer:-
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside/ quash the entire criminal proceedings arising out of the Summon order dated 22.12.2022 State vs Jafar Mirza passed by the Court of Additional Chief Judicial Magistrate-I, Lucknow, Police Station-Ghazipur, Distt. Lucknow, U.P. arising out of Chargesheet no. 01 Dated 11.06.2020 U/s 3/7 Essential Commodities Act, 1955 arising out of Case Crime No. 231/2019 Dated 20.03.2019 U/Ss 3/7 Essential Commodities Act, 1955, P.S. Ghazipur, District-Lucknow."
After arguing at some length, Sri Ravindra Nath Pandey, 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.
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 and with a direction to the court below that if the applicant applies for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously 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 :- 9.5.2025 Nitesh