Durga Prasad and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Durga Prasad and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to apply for bail before the trial court, such 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 police expected not to take coercive action against the applicants for 30 days from the order date or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the entire proceedings in Case No. 7486 of 2024, Crime No. 26 of 2024, under Sections 323, 325, 504 I.P.C. (Police Station Mall, District Lucknow, titled State versus Durga Prasad and others), together with the summoning order dated 05.08.2024 and the chargesheet dated 10.04.2024, were liable to be quashed.

Court's answer

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

Ratio / Principle

Liberty is granted to the applicant to move a discharge application before the court below if charges have not already been framed, and such application shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the facts and of the observations of the Hon'ble Apex Court in Satendra Kumar Antil (supra) and Musheer Alam (supra), it is expected that the police officer concerned will not take any coercive action against the applicant for a period of 30 days from the order date or till the applicant applies for bail, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 14, Manish Kumar, J.; order dated 20.3.2025; Neutral Citation 2025:AHC-LKO:16299) disposed of, without expressing opinion on merits, an application under Section 482 seeking quashing of the entire proceedings in Case No. 7486 of 2024 (Crime No. 26 of 2024, Sections 323, 325, 504 I.P.C., Police Station Mall, District Lucknow, State v. Durga Prasad and others) along with the summoning order dated 05.08.2024 and chargesheet dated 10.04.2024. With no objection from the State, the Court granted liberty to file a bail application (to be decided expeditiously) and to move a discharge application if charges remain unframed, and — taking note of the observations in Satendra Kumar Antil and Musheer Alam — expected the police officer concerned not to take coercive action against the applicants for 30 days or till a bail application is moved, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:16299

Court No. - 14

Case :- APPLICATION U/S 482 No. - 1746 of 2025

Applicant :- Durga Prasad And Another Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vinay Kumar Singh,Bhaiya Lal Maurya Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

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

The present application has been filed with a prayer to quash the entire proceedings in Case No. 7486 of 2024, Crime No. 26 of 2024, under Sections 323, 325, 504 I.P.C, Police Station Mall, District Lucknow titled as State versus Durga Prasad and others as well as impugned summoning order dated 05.08.2024 and the chargesheet dated 10.04.2024..

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 A.G.A 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, 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, if charges have not already been framed, 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.

Order Date :- 20.3.2025 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench