Kaushar and 3 Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11584 of 2024 Applicant :- Kaushar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Pankaj Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application has been filed for the following main relief:- "Wherefore, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Sessions Trial No.21467/2024 State Versus Kaushar and others pending in the court of Judicial Magistrate-I, Gonda arising out of Case Crime No. 0557/2023 under section-323, 504, 506, 308, 452 I.P.C. relating to Police Station-Kotwali Dehat, District-Gonda including the impugned charge sheet as well as impugned summoning order dated 22.05.2024 passed by Learned Judicial Magistrate-I, Gonda in the aforesaid case as contained in Annexure No. 1 & 2 respectively to this petition." After arguing 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 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 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 applicants. 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, his prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants 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), 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, he would not take any coercive action against the applicants in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 18.12.2024 Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench