Amar Bahadur Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

Amar Bahadur Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a bail application before the trial court, to be considered and decided expeditiously in accordance with law; liberty to move a discharge application before the court below, to be decided expeditiously in accordance with law; police expected not to take coercive action against the applicant for 30 days or until he applies for bail, whichever is earlier.

Issue for consideration

Whether the impugned cognizance order and summoning order dated 01.07.2022 passed by the Additional Chief Judicial Magistrate, Sultanpur, and the charge sheet dated 14.12.2021 against the applicant should be set aside.

Court's answer

The present application is disposed of with liberty as prayed for, and if the applicant applies for bail before the court below, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

The applicant is granted liberty to move a discharge application before the court below, which shall likewise be decided expeditiously in accordance with law.

Key takeaways

In view of the facts and the observations of the Apex Court in Satender Kumar Antil and Musheer Alam (relied upon), the Court observed that the police officer concerned is expected not to take any coercive action against the applicant for 30 days or until he applies for bail, whichever is earlier.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Application under Section 482 (Appln. No. 1639 of 2025, decided 6.3.2025) by Amar Bahadur seeking setting aside of the cognizance and summoning orders dated 01.07.2022 passed by the Additional Chief Judicial Magistrate, Court No. 20, Sultanpur, in Criminal Case No. 8721/2022 (arising out of Case Crime No. 297/2021, State Vs. Raj Bahadur & Others, under Sections 308, 323, 504 and 506 IPC, P.S. Bazar Shukla, District Amethi) and of Charge Sheet No. 01 dated 14.12.2021. After argument, counsel confined the prayer to liberty to file a bail application and a discharge application, invoking Satender Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116; the AGA raised no objection. The Court disposed of the application with liberty to file a bail application and a discharge application, each to be decided expeditiously in accordance with law, and further observed that the police officer concerned is expected not to take any coercive action against the applicant for 30 days or until he applies for bail, whichever is earlier. The merits of the challenge to the cognizance/summoning orders were not adjudicated.

Neutral Citation No. - 2025:AHC-LKO:13615

Court No. - 12 Case :- APPLICATION U/S 482 No. - 1639 of 2025 Applicant :- Amar Bahadur Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. And Another Counsel for Applicant :- Ram Milan Yadav,Om Prakash Yadav 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.

The present application has been filed by the applicant for the following main reliefs:-

"I. That the impugned cognizance order as well as summoning order dated 01.07.2022 passed by learned Additional Chief Judicial Magistrate, Court No.20 District- Sultanpur, in Criminal Case No.8721/2022, at Case Crime No. 297/2021, (State Vs. Raj Bahadur & Others), Under Sections308,323,504 & 506 of I.P.C. Against the applicant/petitioner, as well as Charge Sheet No. 01 dated-14.12.2021, Police Station Bazar Shukla, District- Amethi, set aside, contained as Annexure No. 1 & 13 to this petition, in the interest of justice."

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 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 , and also to prefer a discharge application before the court below and the same may also be directed to 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.

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.

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

Order Date :- 6.3.2025 Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench