Upendra Kumar Shukla and Another v. State of U.P. Thru. Secy. Home Lko. and Another
Case brief
What is this about?
Section 482 application disposed of; quashing not decided on merits. Applicants Upendra Kumar Shukla and another; State of U.P. and another. Case Crime No.648/2023, Sections 352, 504, 506 IPC, Police Station Kotwali Nagar, District Sitapur; Criminal Case No.1739/2024 before Chief Judicial Magistrate, Sitapur; summoning order dated 11.7.2024; charge-sheet No.147/2024 dated 08.05.2024. Reliefs: liberty to file bail application to be decided expeditiously; liberty to file discharge application if charges not framed; no coercive action by police for 30 days or till bail application, whichever earlier. Precedents relied on: Satender Kumar Antil v. CBI (2022) 10 SCC 51; Musheer Alam v. State of U.P. 2025 SCC OnLine SC 116. Coram: Saurabh Lavania, J. Order date 07.03.2025; neutral citation 2025:AHC-LKO:14006; counsel Diwakar Nath Tiwari for applicants, G.A. for opposite parties.
What did the court decide?
Application disposed of with liberty to apply for bail before the trial court (bail prayer to be decided expeditiously in accordance with law); liberty to move a discharge application before the court below if charges have not been framed (to be decided expeditiously); and the concerned police officer is expected not to take coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier. The quashing prayer was not adjudicated on merits.