Disposed

Ishtiyak Mohammad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC23 Sept 2024/8575/2024

Case brief

AI extract

What is this about?

This court disposed of an application under section 482 Cr.P.C. granting liberty to the applicant to file bail and discharge applications in the court below, which must be decided expeditiously. The court directed the police not to take coercive action against the applicant for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; directed police not to take coercive action for 30 days.

Ishtiyak Mohammad Vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65700

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Court No. - 13 Case :- APPLICATION U/S 482 No. - 8575 of 2024 Applicant :- Ishtiyak Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Mohammad Alam Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed for the following main relief:-

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"For the facts, reasons and circumstances narrated in the instant application under section 482 Cr.P.C.(now under section 528 B.N.S.S.) which is duly supported with an affidavit, it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the chargesheet No 1/2019 dated 23-06-2019 as well as summoning order dated 09-06-2023 in case crime No. 200/2019 case no. 65959/2023 under section 5/9B(1-A) Explosive Act police station Mohanlalganj District Lucknow, State Vs. Ishtiyak Mohammad and another pending in the court of Additional Chief Judicial Magistrate II, Lucknow.

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It is further prayed that the entire proceeding in case crime in case crime No. 200/2019 case no. 65959/2023 under section 5/9B(1-A) Explosive Act police station Mohanlalganj District Lucknow State Vs. Ishtiyak Mohammad and another pending in the court of Additional Chief Judicial Magistrate II, Lucknow may also be stayed during the pendency of the instant application."

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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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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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.

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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.

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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.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 23.9.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ishtiyak Mohammad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Ishtiyak Mohammad v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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