Jai Shankar Shukla Vs State of U.P. and Anr. — Allahabad HC (2025) — LawSathi Research

Jai Shankar Shukla Vs State of U.P. and Anr. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to apply for bail before the trial court (to be decided expeditiously in accordance with law, in view of Satender Kumar Antil and Musheer Alam) and to move a discharge application (to be decided expeditiously if no legal impediment); police directed not to take coercive action for 30 days or until the bail application is filed, whichever is earlier.

Issue for consideration

Whether the charge sheet no. 121/2014 dated 20/07/2014 arising out of Case Crime No. 422 of 2012 (Sections 147, 148, 504, 506, 420, 467, 468, 471 IPC, Police Station Kakori, District Lucknow) and the cognizance order dated 30/10/14 were liable to be quashed under Section 482 Cr.P.C.

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 B.N.S.S. is disposed of with liberty as prayed for, and the court below is directed that if the applicant applies for bail, his 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, which shall decide it expeditiously, if there is no other legal impediment and in accordance with law.

Key takeaways

Taking note of Satender Kumar Antil (supra) and Musheer Alam (supra), the Court observed that it is expected from the Police Officer concerned that for a period of 30 days from the date of the order, or till the applicant applies for bail, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶14

Detailed headnote1 paragraphs

Quashing petition under S. 482 Cr.P.C. (now S. 528 B.N.S.S.) challenging charge sheet no. 121/2014 dated 20/07/2014 arising out of Case Crime No. 422 of 2012 (ss. 147, 148, 504, 506, 420, 467, 468, 471 IPC, P.S. Kakori, District Lucknow) and cognizance order dated 30/10/14 — disposed of, without expressing any opinion on merits, with liberty to the applicant to file a bail application before the trial court and a discharge application before the court below, both to be decided expeditiously in accordance with law, in view of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116 — police officer directed not to take coercive action against the applicant for 30 days or till the bail application is filed, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:39118

Court No. - 27

Case :- APPLICATION U/S 482 No. - 2196 of 2016

Applicant :- Jai Shankar Shukla Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Saima Khan Counsel for Opposite Party :- Govt. Advocate

Hon'ble Manish Kumar,J.

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

The present application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) has been filed for the following main relief:-

"Wherefore it is most. respectfully prayed that this Hon' ble court may kindly be pleased to Quash the charge sheet no. 121/2014 dated 20/07/2014 arising out of case crime no. 422 of 2012 under section 147, 148, 504, 506, 420, 467,468,471 IPC Police- Station Kakori DistrictLucknow as well as cognizance order dated 30/10/14 (Annexure no. 1 & 2) in the interest of justice."

After arguing 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 decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam versus State of Uttar Pradesh and another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may 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 U/s 482 Cr.P.C. read with Section 528 B.N.S.S. 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, if there is no any other legal impediment and in accordance with law.

Taking note of the facts of the case and also the observation made 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, he 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 :- 9.7.2025 Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench