Jagesh Rajbhar Vs Union of India Thru. Gaurav Kumar… — Customs and Excise | Allahabad HC (2025)

Jagesh Rajbhar Vs Union of India Thru. Gaurav Kumar… — Customs and Excise | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Main application disposed of with liberty to file a bail application before the trial court, to be decided expeditiously in accordance with law; police directed not to take coercive action for 30 days or till the bail application, whichever earlier; name-amendment in the memo of petition permitted.

Issue for consideration

Whether Complaint Case No. 176/1998 (Bharat Sangh v. Subhash Chandra and others, u/s 135(1)(b), Customs Act 1962, District Lucknow) and the NBW/N.S./82 dated 06.05.2025 issued by the Spl. C.J.M. Custom, Lucknow against the applicant ought to be quashed. +1 more

Court's answer

The main application is disposed of with liberty as prayed for; if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law (in view of the Apex Court observations in Satender Kumar Antil and Musheer Alam).

Ratio / Principle

It is expected that the Police Officer concerned will not take any coercive action against the applicant for 30 days from the order or till the applicant applies for bail, whichever is earlier; no application in this regard shall be entertained.

Key takeaways

The application for amendment/correction of the applicant's name is allowed, being unopposed and in the interest of justice; counsel is permitted to carry out the necessary amendment in the memo of petition during the day (proceedings pending as 'Jagesh Rai', admitted to be the same person as 'Jagesh Rajbhar').ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench, Court No. 11), Saurabh Lavania, J.; neutral citation 2025:AHC-LKO:45118; Application U/S 482 No. 5453 of 2025, Jagesh Rajbhar v. Union of India (thr. Gaurav Kumar, Asstt. Commissioner, Customs Hqrs., Lucknow); order dated 4.8.2025. Applicant had sought quashing of Complaint Case No. 176/1998 (Bharat Sangh v. Subhash Chandra and others) under s. 135(1)(b) of the Customs Act 1962, District Lucknow, and of the NBW/N.S./82 dated 06.05.2025 issued by the Spl. C.J.M. Custom, Lucknow. A name-correction application (Jagesh Rajbhar for Jagesh Rai, admitted to be the same person) was allowed as unopposed. The main application was disposed of with liberty to apply for bail before the trial court, such prayer to be decided expeditiously in accordance with law, taking note of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116; the police were directed not to take any coercive action for 30 days or till the applicant applies for bail, whichever is earlier, and no application in that regard was to be entertained.

Neutral Citation No. - 2025:AHC-LKO:45118

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5453 of 2025

Applicant :- Jagesh Rajbhar Opposite Party :- Union Of India Thru. Gaurav Kumar Assist. Commissioner Customs Head Quuarters Lko.

Counsel for Applicant :- Shiv Sharan Singh

Counsel for Opposite Party :- Kuldeepak Nag (K.D.Nag),Amit Harsh Sinha,Poonam Maurya

Hon'ble Saurabh Lavania,J.

Re: Application for Amendment

Heard learned counsel for the parties.

This is an application seeking amendment/correction in the particulars of the name of the applicant.

As the same has not been opposed and allowing the same would be in the interest of justice, the application is allowed.

Accordingly, learned counsel for the applicant is permitted to carry out necessary amendment/correction in the memo of petition during the course of the day.

It would be apt to indicate that criminal proceedings against the applicant is pending as Jagesh Rai and learned counsel for the applicant admits that Jagesh Rai and Jagesh Rajbhar are same person.

Order on Main Application (u/s 482 No.5453 of 2025)

The present application has been filed by the applicant for the following main relief(s):-

"(i) to quash the Complaint Case No.176/1998, Bharat Sangh Vs. Subhash Chandra and others, in U/s-135 (1)(b) of The Customs Act 1962, District-Lucknow, contained as Annexure No.2;

(ii) to quash the non bailable warrant/N.S./82 issued on dated 06.05.2025 by the Spl. C.J.M. Custom, Lucknow against the applicant contained as Annexure No.1.

(iii) to issue any other order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

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 .

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.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court 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 applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. It is made clear that in this regard, no application shall be entertained.

Order Date :- 4.8.2025 Anand/-

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