Horilal And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2025 Latest Caselaw 12060 ALL

Allahabad High Court

Horilal And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 November, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:68878
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 8945 of 2025   
 
   Horilal And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Atul Kumar Singh   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 13
 
   
 
 HON'BLE SAURABH LAVANIA, J.      

1. Heard learned counsel for the applicant, and learned A.G.A. for the State as well as perused the record.

2. The present application has been filed by the applicant for the following main relief:-

"it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the judgment and order dated 28.08.2025 in Session trial no.178/2023 pending before the Additional District Judge Ist, District Hardoi in case crime no. 505/2022 under section 304,352,504,506 I.P.C. Police Station Sursa, District Hardoi in the interest of justice.

It is further respectfully prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation judgment and order dated 28.08.2025 in Session trial no.178/2023 pending before the Additional District Judge Ist, District Hardoi in case crime no. 505/2022 under section 304,352,504,506 I.P.C. Police Station Sursa, District Hardoi in the interest of justice."

3. After arguing the matter 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 directed to be decided in view of law laid down by the 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.

4. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

5. 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 apply for bail before the court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law as also the trial court is expected to consider the fact that custodial interrogation is not required at this stage, as stated.

(Saurabh Lavania,J.)

November 3, 2025

Anurag