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

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

What the court decided

AI extract

Outcome

Application disposed of with liberty: (i) to apply for bail before the trial court, to be considered and decided expeditiously in accordance with law; (ii) to move a discharge application, to be decided expeditiously; and (iii) an observation/expectation that the police officer concerned will not take coercive action for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier. Learned AGA had no objection to the prayer.

Issue for consideration

Whether the summoning order dated 19.11.2024 and Charge Sheet No. 143/2024 arising out of Case Crime No.0029/2024 (section 3/7 E.C Act) ought to be quashed/set aside. +2 more

Court's answer

With the aforesaid observations, the present application stands finally disposed of (the quashing prayer was not allowed on merits).

Ratio / Principle

Application disposed of with liberty as prayed for: if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Liberty granted to the applicant to move a discharge application before the court below, which shall be decided expeditiously in accordance with law.ratio¶14
Taking note of the facts of the case and the observations in Satendra Kumar Antil (Supra), the Court observed that it is expected from the police officer concerned that for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant(s) in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 14) [Manish Kumar, J.]; Neutral Citation 2025:AHC-LKO:18091; Order Date 1.4.2025. Application under Section 482 Cr.P.C./528 B.N.S.S. by Pratap Singh seeking quashing of the summoning order dated 19.11.2024 and Charge Sheet No. 143/2024 (dated 04.08.2024) arising out of Case Crime No.0029/2024 under section 3/7 E.C Act, P.S. Dahi, District-Unnao, pending before A.C.J.M Court no.1 Unnao. Learned counsel sought liberty to file a bail application before the trial court (to be decided per Satender Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51) and to prefer a discharge application; learned AGA had no objection. Held: application disposed of with liberty as prayed; bail application, if moved, to be considered and decided expeditiously in accordance with law; discharge application also to be decided expeditiously. Taking note of Satendra Kumar Antil (Supra), the Court observed that for 30 days from the order date, or till the applicant applies for bail, whichever is earlier, the police officer concerned is expected not to take any coercive action against the applicant(s).

Neutral Citation No. - 2025:AHC-LKO:18091

Court No. - 14

Case :- APPLICATION U/S 482 No. - 2737 of 2025

Applicant :- Pratap Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar 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 under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:-

" Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the summoning order dated 19.11.2024 and Charge Sheet No. 143/2024, dated 04.08.2024 arising out of the Case Crime No.0029/2024, under section 3/7 E.C Act, Police Station- Dahi, District-Unnao, in Case (State Vs. Pratap Singh), pending in the court of A.C.J.M Court no.1 Unnao.

It is further prayed that this Hon'ble Court may kindly be pleased to direct the learned court below to decide the bail application on the same day to release the applicant on bail, on the same day, in the light of provision Satendra Kumar Antil versus C.B.I., in the interest of justice."

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

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 applicant.

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 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.

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 :- 1.4.2025 dk/

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