Abhishek @ Abhishek Shukla Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Abhishek @ Abhishek Shukla Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to file a bail application before the trial court (to be decided expeditiously) and to move a discharge application before the court below (to be decided expeditiously); the concerned Police Officer is expected not to take any coercive action against the applicant for 30 days from the order or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the impugned order dated 13-12-2024 passed by the Special Judge (SC & ST Act), Hardoi in Case No. 1435 of 2024 and the entire proceedings arising out of the charge-sheet dated 01-08-2024 in Case Crime No. 307/2024 (P.S. Tadiyawan, District Hardoi) ought to be quashed. +1 more

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for, with a direction to the court below 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, and the same shall be decided expeditiously in accordance with law, if there is no other legal impediment.

Key takeaways

Taking note of Satendra 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 order or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Kumar, J.) — Application under Section 482 Cr.P.C. (now Section 528 BNSS) by Abhishek @ Abhishek Shukla seeking quashing of the order dated 13-12-2024 of the Special Judge (SC & ST Act), Hardoi in Case No. 1435 of 2024 and of all proceedings arising from the charge-sheet dated 01-08-2024 in Case Crime No. 307/2024 (Sections 147, 148, 149, 295, 323, 504, 506, 427 IPC and 3(2)(5A) & 3(1)(dha) SC & ST Act, P.S. Tadiyawan, District Hardoi) — Application disposed of with liberty 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 — Relying on Satendra Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, the Court observed that the concerned Police Officer would not take any coercive action against the applicant for 30 days from the order or till the applicant applies for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:22078

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2682 of 2025

Applicant :- Abhishek @ Abhishek Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others

Counsel for Applicant :- Sunendra Kumar,Om Shankar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard 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 applicant with the following prayer:-

"to allow the instant petition and quash the impugned order dated 13-12-2024 passed by learned Special Judge SC & ST Act Herdoi in case no. 1435 of 2024 arising out of crime No307 of 2024 under sections-147, 148, 149, 295, 323, 504, 506, 427 IPC & 3(2) (5A) & 3(1)(dha) of SC &ST Act relating to police station-Tadiyawan, District-Herdoi and further kindly quash the entire proceeding arisen out of the charge-sheet dated 01-08-2024, in case crime no. 0307/2024 and further more kindly issue an ad interim direction commanding that the petitioner shall not be arrested during the pendency of the petition in Case Crime No. 307/2024 at Police Station Tadiyawan, Herdoi under Section 147, 148, 149, 295, 323, 504, 506, 427 IPC & 3(2) (5A) & 3(1)(dha) of SC &ST Act. (Annexure no. 1 pages 16 )"

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 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 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.

Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously, in accordance with law, if there is no other legal impediment.

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 :- 18.4.2025

S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench