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

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

What the court decided

AI extract

Outcome

Application disposed of with liberty as prayed for: liberty to apply for bail (to be considered and decided expeditiously in accordance with law) and to move a discharge application before the court below (to be decided expeditiously); police officer expected not to take coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the High Court should stay the further proceedings of Criminal Case No. 52045 of 2023 (State of U.P. versus Priyanshu Srivastava), arising out of Case Crime No. 588 of 2019, and the summoning/cognizance order dated 18.05.2023, during pendency of the instant application. +2 more

Court's answer

The specific prayer for stay of the criminal proceedings and of the summoning/cognizance order dated 18.05.2023 was not granted; instead, the application was disposed of with liberty as prayed for.

Ratio / Principle

If the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty is granted to the applicants to move a discharge application before the court below, and the same shall be decided expeditiously in accordance with law.ratio¶12
Taking note of the facts of the case and of the observation in Satendra Kumar Antil (supra), it is observed/expected that the concerned Police Officer will not take any coercive action against the applicants for a period of 30 days from the date of the order or till they apply 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 21.3.2025 (Neutral Citation 2025:AHC-LKO:16472) in APPLICATION U/S 482 No. 2503 of 2025, Priyanshu Srivastava v. State of U.P.: Application under Section 482 Cr.P.C./Section 528 B.N.S.S. praying for stay of the further proceedings of Criminal Case No. 52045 of 2023 (State of U.P. versus Priyanshu Srivastava), arising out of Case Crime No. 588 of 2019 under sections 147, 323, 504, 506, 325 IPC, Police Station Gajipur, District Lucknow, and of the summoning/cognizance order dated 18.05.2023 passed by the learned Special Chief Judicial Magistrate, Custom, Lucknow. The stay was not granted; keeping in view the law laid down in Satender Kumar Antil versus Central Bureau of Investigation, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, the application was disposed of with liberty to apply for bail and to move a discharge application before the trial court, each to be decided expeditiously in accordance with law, and with an observation that the concerned Police Officer is expected not to take any coercive action against the applicants for 30 days from the date of the order or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:16472

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2503 of 2025

Applicant :- Priyanshu Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Ajay Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants and learned AGA for the State as well as perused the record.

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

" The applicant named above most respectfully begs to submit that for the facts, reasons and circumstances stated in the accompanying application duly supported by an affidavit, this Hon'ble Court may kindly be pleased to stay the further proceedings of the Criminal Case No. 52045 of 2023 (State of U.P. Versus Priyanshu Srivastava), arising out of Case Crime No. 588 of 2019, under sections 147, 323, 504, 506, 325 IPC, relating to Police Station- Gajipur, District- Lucknow, as well as summoning/cognizance order dated 18.05.2023, passed by and pending before Learned Special Chief Judicial Magistrate, Custom, Lucknow, during the pendency of instant application under section482 Cr.P.C./528 B.N.S.S. "

After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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 applicants apply 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 applicants 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 observation made in the case of Satendra Kumar Antil (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 applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

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

Order Date :- 21.3.2025 Ashish

Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench