Ashish @ Ashish Nirmal v. State of U.P. Thru.Prin Secy. Home Deptt. Lko. and Another

Court No. -12 Case :-APPLICATION U/S 482 No. -11715 of 2024 Applicant :-Ashish @ Ashish Nirmal Opposite Party :-State Of U.P. Thru.Prin Secy. Home Deptt. Lko. And Another Counsel for Applicant :-Mithlesh Singh 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. Instant application has been preferred by the applicant(s) for the following main reliefs:-"अ-

यहककमम०अ०सस०-634/2021

एस०एस०टट०नस०1977/2024

ररजयबनरमआशटषअसतररतधररर135

भररतटयकवधमतअधधकनयम(ससशशधन) 2003

थरनरएनटटपरवरथथफ़टधजलरउनरवमथपरररतसममनआदथशकदनरसक

21.11.2024

वआरशपपतससलगकसस०1 व2

परररतदरररनयरयरलयकवशथषनयरयरधटशई०सट०ऐकटककसस०4

धजलरउनरवकथककयरनवयनकशअपरसत/

अकभखणणणतकरनथककककपरकरथ।" After arguing, at some length, learned counsel for the applicants 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. The applicant may also seek benefit of Section 152 of the Electricity Act, 2003. Taking note of the facts of the case and also the observations 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, they 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 :- 19.12.2024/Arun/- High Court of Judicature at Allahabad, Lucknow Bench