Tejpal Maurya and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Tejpal Maurya and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the appellants to move bail application before the court below; direction that if the bail application is filed within 30 days it shall be considered and decided expeditiously in accordance with law; expectation that the police will not take coercive action against the appellants for 30 days or till the bail application is filed, whichever is earlier.

Issue for consideration

Whether the criminal appeal seeking quashing of the charge-sheet, proceedings and summoning order dated 22.09.2023 in Case No. 03006/2023 should be allowed on merits. +2 more

Court's answer

The appeal was not pressed on merits; learned counsel for the appellants confined the prayer to liberty to move bail applications, and the appeal was disposed of on that limited prayer.

Ratio / Principle

The appeal is disposed of with liberty as prayed for: if the appellants apply for bail before the court below within 30 days, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

In view of the bail guidelines already laid down by the Supreme Court in Satendra Kumar Antil, no specific directions on grant of bail need be issued by this Court, it being expected that the court concerned will take those guidelines into consideration.ratio¶14
It is expected of the police officers concerned that, for a period of 30 days from the date of the order or until the appellants apply for bail, whichever is earlier, they will not take any coercive action against the appellants in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.), Criminal Appeal No. 1543 of 2024, decided 06.05.2024 — Appeal by Tejpal Maurya and 4 others against summoning order dated 22.09.2023 in Case No. 03006/2023 (arising from Case Crime No. 023/2023 under Sections 147, 323, 354B, 452, 504, 506 IPC and SC/ST (Prevention of Atrocities) Act, 1989), also challenging the charge-sheet and rejection of closure reports — Considering the law laid down in R.P. Kapur, Bhajan Lal, P.P. Sharma, Zandu Pharmaceutical and Parbatbhai Ahir, counsel did not press the appeal on merits and confined the prayer to liberty to move bail — Held: appeal disposed of with liberty to apply for bail; if the application is moved within 30 days, the court below shall decide it expeditiously in accordance with law; no specific bail directions were issued in view of the guidelines in Satendra Kumar Antil; police officers expected not to take coercive action against the appellants for 30 days or till the bail application, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:34718

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1543 of 2024

Appellant :- Tejpal Maurya And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Appellant :- Keshav Prasad Counsel for Respondent :- G.A.

Hon'ble Saurabh Lavania,J.

Vakalatnama filed by Sri Shresth Agarwal, Advocate alongwith Ms. Salma Bano, Advocate of behalf of respondent No. 2 in the Court today is taken on record.

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

The present appeal has been filed for the following main reliefs:-

" अ - यहककगलतआधधररपरथधनधरहहमधबधदलखनऊममदररमम०अ०सस० -023/2023, अस० धधरध -147,323,354 ख , 452, 504, 506 भध०दस०सस०एवसधधरध -3 (1) 3 (1) ध , 3 (2) Va अनमससकचतरधकततअनमससकचतरनरधकत ( ननश स तधकनवधरण ) अधधकनयम 1989 ( ससशशधन 2015) दधरधवगगरकवववचनध , वगगररजच , वगगरसधकयकवरशअननतमकधयरररपशररअकभयमकधरधधधकधउरर ससगहतधरगदधसकवकवरदर म रधधरध -147,323,452,504,506 भध०दस०कव०एवसअकभयमकरधधवलधल रगदधसपमतसव०मगकसकवकवरदर म रधधरध -147,323,452,504,506,354 खभध०दस०कव०तथध अकभयमकगणअनमरकममधरममयधर , लधलतकममधरममयधरउररलधलसएवसतवरपधलममयधरकवकवरदर म धधरध -147,323, 354 ख ,452, 504,506 भध०दस०कव०व३ (1) द , ध , 3 (2) Va एस०सह० एस०रह०एकरममलगधईगयह , कवआधधरपरकवदधननयधयधलयदधरधकदनजक -22.09.2023 कशवगगर सधकयरकधअवलशकनककयवकवधधकवरदढसगसवससजधनधदवशपधररतकरतवहहएएस०रह०नस 03006/2023 परदररककयधहगरशककयधकचकधममससलगकससखयध -1 कवरपममससलगहगकशखनणणत ककयधरधनधनयधयससगतहग।

ब - यहककअपहलममपसतमतअननतमररपशरररशककससलगकससखयध -4 कवरपममससलगककगईहग , रशककवगगरकवववचनधएवसवगगरतथयरवआधधररपरपकतवधदहसस० -2 शहमतहउकमरलधगमतम ( वधकदनहममकदमध ) कवदबधवकवकधरणकवववकदधरधझसठवमनगढनततथयरकवआधधरपरनयधयधलयमम पसतमतककगयहहग , कशखनणणतककयधरधनधनयधयससगतहग। स - यहककअवरनयधयधलयदधरधकदनधनक 06.03.2024 कशरशबह०णबलस 0-20,000/- कधआदवश पधररतककयधगयधहग , रशककससलगकसस 0-2 कवरपममससलगहग , कशखनणणतककयधरधनध नयधयससगतहग। "

Considering the arguments of learned counsel for the parties and going through the record as also taking note of the same in the light of law laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017

SC 4843 , on being confronted, after arguing the matter at some length, learned counsel for the appellants submit that he does not want to press this appeal on merit and he confines his prayer only to the extent that appellants may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

The Apex Court, after considering the various pronouncements on the issues, in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.

Keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicants/appellants, the appeal is disposed of with liberty as prayed for and with a direction to the court below that if the appellants apply for bail before the Court below within 30 days from today, their prayer for bail shall be considered and 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), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the appellants apply for bail, whichever is earlier, they would not taken any coercive action against the appellants in the aforesaid case.

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

Order Date :- 6.5.2024 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench