Injila Bano @ Injeela and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Injila Bano @ Injeela and 4 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to apply for bail before the trial court (such bail application to be considered and decided expeditiously in accordance with law) and to move a discharge application before the court below (to be decided expeditiously if charges have not been framed and there is no other legal impediment); the Police Officer concerned directed not to take coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the impugned cognizance order dated 28/01/2025 passed by the Addl. Chief Judicial Magistrate, Court No. 04, Rae Bareli, and the charge-sheet dated 29.07.2024, arising out of criminal case no. 1299/2025 in case crime no. 190/2024 (Sections 504, 506, 427, 147 IPC, P.S. Lalganj, Raebareli), and the further proceedings in pursuance thereof, should be quashed.

Court's answer

The present application is disposed of with liberty as prayed for; if the applicants apply 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 applicants to move a discharge application before the court below, if charges have not already been framed; the same shall be decided expeditiously, in accordance with law, in case there is no other legal impediment.

Key takeaways

Taking note of the observations of the Hon'ble Apex Court in Satender Kumar Antil (supra) and Musheer Alam (supra), it is expected of the Police Officer concerned not to take any coercive action against the applicants for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Application under S. 482 Cr.P.C./S. 528 BNSS by Injila Bano @ Injeela and 4 others seeking quashal of the cognizance order dated 28/01/2025 passed by the Addl. Chief Judicial Magistrate, Court No. 04, Rae Bareli, and the charge-sheet dated 29.07.2024, arising out of criminal case no. 1299/2025 in case crime no. 190/2024 (Ss. 504, 506, 427, 147 IPC, P.S. Lalganj, Raebareli), disposed of with liberty to apply for bail before the trial court, such bail application to be considered and decided expeditiously in accordance with law; liberty also granted to move a discharge application (if charges not framed), to be decided expeditiously; taking note of Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC Online SC 116, the Police Officer concerned directed not to take coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:22033

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2513 of 2025

Applicant :- Injila Bano @ Injeela And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Satish Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

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

The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with a prayer to quash the impugned cognizance order dated 28/01/2025 arising out in criminal case no- 1299/2025 in case crime no- 190/2024, U/S 504,506,427,147 I.P..C. registered at Police station- Lalganj, Dist- Raibareily, passes by Addl. Chief judicial magistrate, Court No. 04, Rae Bareli, as well as charge Sheet dated 29.07.2024 as contained in Annexure No. 1 and 2 to this application; with a further prayer that the further proceedings in pursuance to the impugned Congnizance Order dated 28/01/2025 arising out in criminal case no1299/2025 in case crime no- 190/2024, U/S 504,506,427,147 I.P..C. registered at Police station- Lalganj, Dist-Raibareily, passes by Addl. Chief judicial magistrate, Court No. 04, Rae Bareli, as well as charge Sheet dated 29.07.2024, may be stayed in the interest of justice.

After arguing the matter 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 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 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 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 applicants 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, in case there is no other legal impediment.

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 applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case.

Order Date :- 18.4.2025 DiVYa

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