Shukuru Saroj and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Shukuru Saroj and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Final disposal of the application under section 528 BNSS with a direction to the court concerned that, upon surrender within three weeks, the applicants' bail applications shall be considered and decided expeditiously in accordance with settled law; and that no coercive action shall be taken against the applicants till three weeks from the order date.

Issue for consideration

Whether the chargesheet dated 31.07.2020, the cognizance order dated 02.05.2024 and the entire proceedings of Case No.1275 of 2024 (State vs. Shukuru Saroj and Others), arising out of Case Crime No.216 of 2019, should be quashed. +1 more

Court's answer

The merits of the quashal prayer were expressly not pressed: counsel submitted that he was not pressing the application on merits and confined his prayer to final disposal of the application with a direction for expeditious bail consideration upon surrender.

Ratio / Principle

The instant application under section 528 BNSS was finally disposed of with a direction to the court concerned that, in case the applicants surrender before the court concerned within a period of three weeks and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

Key takeaways

It was made clear that till three weeks from the date of the order, no coercive action shall be taken against the applicants.ratio¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Saurabh Srivastava, J., Court No. 74) | Application U/S 482 No. 26062 of 2024 (filed under section 528 BNSS) | Disposed 22.5.2025 | Applicants had sought quashal of the chargesheet dated 31.07.2020, the cognizance order dated 02.05.2024 and the entire proceedings of Case No.1275 of 2024 (State vs. Shukuru Saroj and Others), arising out of Case Crime No.216 of 2019 (sections 147, 148, 323, 504, 506, 353, 336, 342 I.P.C. and section 7 of Criminal Law Amendment Act), P.S. Soraon, District Prayagraj, pending before the learned Additional Chief Judicial Magistrate, Prayagraj. Counsel expressly did not press the application on merits and confined the prayer to final disposal with a direction that, if the applicants surrendered and applied for bail, their bail applications be considered and decided expeditiously in accordance with law, including the law laid down in Satender Kumar Antil v. CBI (2022 SCC OnLine SC 825), to which the counsel for opposite parties had no objection. Court finally disposed of the application on that footing and directed that till three weeks from the order no coercive action be taken against the applicants.

Neutral Citation No. - 2025:AHC:87367

Court No. - 74

Case :- APPLICATION U/S 482 No. - 26062 of 2024

Applicant :- Shukuru Saroj And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anoop Kumar,Dileep Kumar 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.

This application under section 528 BNSS has been preferred to quash the chargesheet dated 31.07.2020 along with cognizance order dated 02.05.2024 and the entire proceedings of Case No.1275 of 2024 (State vs. Shukuru Saroj and Others) arising out of Case Crime No.216 of 2019, under sections 147, 148, 323, 504, 506, 353, 336, 342 I.P.C. and section 7 of Criminal Law Amendment Act, P.S. Soraon, District- Prayagraj, pending in the court of learned Additional Chief Judicial Magistrate, Prayagraj.

At the very outset, learned counsel for the applicants submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicants surrender before it and apply for bail, their bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which learned counsel for opposite parties have no objection.

In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicants surrender before the court concerned within a period of three weeks from today and apply for bail, their bail applications shall be considered and decided expeditiously in accordance with settled law.

However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicants herein.

Order Date :- 22.5.2025

Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad