Disposed

Ram Baran Maurya and 2 Others v. State of U.P. Thru. Principal Secy. Home Lko. and Another

Allahabad HC8 Apr 2025NA528/245/2025

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings under BNSS sections arising from a charge sheet. The application was disposed of with liberty to seek bail and file a discharge application, both to be decided expeditiously; police were directed not to take coercive action for 30 days or until bail application.

What did the court decide?

Liberty to apply for bail (to be decided expeditiously) and to file discharge application; no coercive action by police for 30 days or until bail application filed.

Ram Baran Maurya and 2 Others Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:19833

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Court No. - 14

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Case :- APPLICATION U/S 528 BNSS No. - 245 of 2025

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Applicant :- Ram Baran Maurya And 2 Others Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. And Another Counsel for Applicant :- Akhilesh Kumar Pandey 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, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with a prayer to quash the criminal proceedings of charge sheet no. 81/2024, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 333 B.N.S."State of U.P. vs. Ajay Maurya and Ors."

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After arguing the matter at some length, Sri Akhilesh Kumar Pandey, 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 directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender 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, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

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Learned A.G.A 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, 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 application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment.

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Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be

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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, they would not take any coercive action against the applicants in the aforesaid case.

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Order Date :- 8.4.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Ram Baran Maurya and 2 Others v. State of U.P. Thru. Principal Secy. Home Lko. and Another

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Ram Baran Maurya and 2 Others v. State of U.P. Thru. Principal Secy. Home Lko. and Another

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