Nikhil Raj Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Nikhil Raj Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. disposed of with directions: the applicant may appear before the court concerned within three weeks and move a bail application, which shall be considered and disposed of in terms of the guidelines/observations in Satendra Kumar Antil; no coercive action shall be taken against the applicant for three weeks; if no such application is moved within the prescribed time, the order will be of no avail to the applicant. The quashing prayer having been relinquished, the merits were not decided.

Issue for consideration

Whether the charge sheet dated 28.01.2020, the cognizance/summoning order dated 03.03.2020 and the entire criminal proceeding in Criminal Case no. 2915/2020 (arising out of Case Crime no. 619 of 2019) ought to be quashed. +1 more

Ratio / Principle

In case the applicant appears before the court concerned within three weeks and moves an application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil.

Key takeaways

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant.ratio¶11
If no bail application is moved within the time prescribed (three weeks), the order will be of no avail to the applicant.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) disposed of an application under Section 482 Cr.P.C. filed by Nikhil Raj seeking quashing of the charge sheet dated 28.01.2020, the cognizance/summoning order dated 03.03.2020 and the entire criminal proceeding in Criminal Case no. 2915/2020, arising out of Case Crime no. 619 of 2019 under Sections 147, 188, 332, 341, 353 IPC and Section 7 of the Criminal Law (Amendment) Act, 1932, PS- Mughalsarai, District Chandauli. At the outset, learned counsel for the applicant relinquished the prayer for quashment and sought to move a bail application before the trial court in view of the guidelines/observations of the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, to which the learned AGA had no objection. The Court directed that if the applicant appears before the court concerned within three weeks and moves a bail application, it shall be considered and disposed of in terms of the Satendra Kumar Antil guidelines; that for three weeks no coercive action shall be taken against the applicant; and that if no such application is moved within the prescribed time, the order will be of no avail. With these directions the application was disposed of; the merits of the quashing prayer were not decided.

Neutral Citation No. - 2025:AHC:73005

Court No. - 74

Case :- APPLICATION U/S 482 No. - 21036 of 2024

Applicant :- Nikhil Raj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

This application has been filed by the applicant to quash the charge sheet dated 28.01.2020 and cognizance/summoning order dated 03.03.2020 as well as entire criminal proceeding of in Criminal Case no. 2915/2020 arising out of Case Crime no. 619 of 2019, under Sections 147, 188, 332, 341, 353 IPC & Section 7 of Criminal Law (Amendment) Act, 1932, PS- Mughalsarai, District Chandauli.

At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

For a period of three weeks from today, no coercive action shall be taken against the applicant.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to

the applicant.

With the above direction, the instant application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 6.5.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad