Disposed

Sandeep Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC4 Sept 2024/7852/2024

Case brief

AI extract

What is this about?

Court disposed of an application under section 482 CrPC. It granted liberty to the applicant to file bail and discharge applications before the trial court, which must be decided expeditiously. A direction was issued to police not to take coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications; trial court directed to decide them expeditiously; coercive action barred for 30 days.

Sandeep Kumar Gautam Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60945

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7852 of 2024

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Applicant :- Sandeep Kumar Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Virendra Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 15.3.2024 and Bailable Warrant (B/W) dated 10.6.2024 issued by Additional Chief Judicial Magistrate-VII Lucknow and impugned chargesheet no.01/2022, dated 13.07.2022 along with entire criminal proceedings of the case no. 776/2023, State Vs. Sandeep Kumar Gautam, arising out of case crime 415/2021, under section 406,420,504, and 506 I. P. C, P. S- Wazirganj, Distt. Lucknow, pending before concerned magistrate, as contained in Annexure no. 1 and 2 to this petition in the interest of justice."

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After arguing 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 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.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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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 applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicant to move discharge application before the Trial Court and the same shall be decided expeditiously in accordance with law.

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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.

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

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Order Date :- 4.9.2024 (Manoj K.)

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

Sandeep Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Sandeep Kumar Gautam v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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