Shekhar Sandal @ Shekhar Chandra Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

Shekhar Sandal @ Shekhar Chandra Vs State of U.P… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to file a bail application before the trial court; direction to the court below to consider and decide the bail prayer expeditiously in accordance with law; expectation that the Police Officer concerned will refrain from coercive action for 30 days or till the bail application is filed, whichever is earlier.

Issue for consideration

Whether the order(s) dated 13.01.2025 and 15.02.2025 for issuance of NBW passed by ACJM IV, Lucknow in Crime No. 467/2019 (Sections 406, 420, 506 IPC, PS Vikas Nagar, District Lucknow) and all consequential proceedings should be quashed/set aside. +1 more

Court's answer

It is expected of 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 / Principle

The present application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty to the applicant as prayed for, i.e., liberty to file a bail application before the trial court.

Key takeaways

If the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.ratio¶13

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 2619 of 2025 (Allahabad High Court, Lucknow Bench — Manish Kumar, J.; decided 8.4.2025): Applicant Shekhar Sandal @ Shekhar Chandra sought quashing of the orders dated 13.01.2025 and 15.02.2025 issuing NBWs passed by ACJM IV, Lucknow in Crime No. 467/2019 under Sections 406, 420, 506 IPC, PS Vikas Nagar, District Lucknow, invoking Delhi Race Club (1940) Ltd (Civil Appeal No. 3114/2024) and Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1. After argument, counsel instead sought liberty to file a bail application before the trial court, citing Satendra Kumar Antil v. CBI (2022) 10 SCC 51 and Musheer Alam v. State of U.P. (2025 SCC OnLine SC 116); the learned AGA raised no objection. The Court disposed of the application under Section 482 Cr.P.C. read with Section 528 BNSS with liberty as prayed for, directed that the bail prayer be considered and decided expeditiously in accordance with law, and observed that the Police Officer concerned is expected not to take any coercive action against the applicant for 30 days or till the bail application is filed, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:19538

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2619 of 2025

Applicant :- Shekhar Sandal @ Shekhar Chandra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko And Another

Counsel for Applicant :- Syed Waqar Husain,Salman Abbas Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard Ms. Shahnaz Bano, Advocate holding brief of Mr. Salman Abbas, learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicants with the following prayer:-

" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased quash/set-aside the order(s) dated 13.01.2025 & 15.02.2025 "issuance of NBW" passed by learned ACJM IV Lucknow passed in Crime No. 467/2019 Under Sections 406, 420, 506 IPC PS Vikas Nagar District Lucknow and all consequential proceeding in the light of law laid down by Hon'ble Apex Court in case of Delhi Race club (1940) Ltd & Ors State of U.P. Civil Appeal No. 3114/2024 & Inder Mohan Goswami V. State of Uttaranchal (2007) 12 SCC 1; (2008) 1 SCC (Cri) 259 ... "

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 Satendra 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 .

Learned AGA 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 BNSS 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.

Taking note of the facts of the case and also the observations 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 applicants in the aforesaid case.

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

Order Date :- 8.4.2025 Ashish

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