Mukesh Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11577 of 2024 Applicant :- Mukesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,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 for the following main reliefs:- "This petition under Section 482 Cr.P.C. is being filed for Quashing the entire proceedings of the Criminal Case No.1114/2021 (State Vs. Mukesh Yadav) arising out of impugned charge sheet No.01 dated 19.07.2024 filed in case crime no.083 of 2024 U/S 494, 504, 506 I.P.C. pertaining to Police Station Sadullanagar, District Balrampur, pending in the court of learned Civil Judge (J.D.)/J.M. Utraula, Balrampur as well as impugned cognizance/summoning order dated

28.10.2024, passed by the Court of Learned Civil Judge (J.D.)/J.M. Utraula, Balramur against the applicant." After arguing at some length, 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 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 applicant. 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 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 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 18.12.2024 ML/- High Court of Judicature at Allahabad, Lucknow Bench