Disposed

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

Allahabad HC11 Feb 2025A482/1241/2025

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings, the Court disposed of the matter granting liberty to file for bail and charge-sheet subsequent actions were restricted for 30 days to expedite bail and discharge applications.

What did the court decide?

Liberty to file bail and discharge applications granted; coercive action by police restricted for 30 days.

Kapil and 3 Others Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:8744

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 1241 of 2025

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Applicant :- Kapil And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Farhan Alam Osmany,Abdul Muqeet Khan Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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

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The present application has been filed under Section 482 Cr.P.C. (now under Section 528 B.N.S.S.) for the following main relief:-

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"Quash the charge sheet dated 13.03.2023 and summoning order dated 15.04.2024 as well as the trial proceedings of Case No. 15398/2024, in related to Crime No. 68/2023, U/S- 323, 504, 506, 308 I.P.C., Police Station- Pihani, District- Hardoi, State Versus Ganga Ram and others pending in Chief Judicial Magistrate, Hardoi as contained in Annexure No.1 & 2 to this application."

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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.

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

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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 applicants apply 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 applicants to move discharge

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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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

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

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Order Date :- 11.2.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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