Rahul Kumar @ Rahul And 2 Others v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. Learned counsel for the applicants prays for and is permitted to make correction in the prayer clause. Let the necessary correction be made during course of the day. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that the impugned order Charge Sheet dated 31-12-2024 under section 85,115(2),352,351(3), Β.Ν.S. 2023, under section 3/4 Dowry Prohibition Act 1961, F.I.R. 0320/2024 dated 12- 12-2024 Police Station- Baldiray District-Sultanpur contained as Annexure No. 1 may kindly be quashed up to the extent of the petitioners in the interest of justice. Or It is further prayed that the petitioners above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying affidavit, this Hon'ble court may kindly be pleased to quash the charge-Sheet No.01/2024 dated 31-12-2024 under section 85,115(2),352,351(3), B.N.S. 2023, under section 3/4, Dowry Prohibition Act 1961, Police Station- Baldiray District-Sultanpur, as well as Summoning Order Dated 24-01-2025 respectively, passed by Learned Additional Chief Judicial Magistrate IV C.N. 20 Sultanpur, in (State vs Rahul 2 others) arising out of 0320/2024 first information report No. dated 12.12.2024 under section 85,115(2),352,351(2), 74,333, Β.N.S. 2023, under section 3/4, Dowry Prohibition Act 1961, Police Station- Baldiray District-Sultanpur, whereby the petitioners have been summoned under sections 85,115(2),352,351(2), Β.Ν.S. 2023, under section 3/4, Dowry Prohibition Act 1961. may kindly be stayed up to the extent of the petitioners during the pendency of the presemt as copy of As Annexure No.

1, 2, 3 to this petition. " After arguing at some length, learned counsel for the applicant(s) has submitted that liberty may be given to the applicant(s) 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 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine 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(s). 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(s) applies/apply for bail before the Court concerned, his/their prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant(s) 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) and Musheer Alam (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(s) applies/apply for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 3.3.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench