Ram Chander Dewedi Vs the State of U.P and Anr. — Cheating and Forgery | Allahabad HC (2025)

Ram Chander Dewedi Vs the State of U.P and Anr. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with liberty as prayed: (i) liberty to apply for bail before the court below, such prayer to be considered and decided expeditiously in accordance with law; (ii) liberty to move a discharge application, if charges have not been framed, to be decided expeditiously in accordance with law absent legal impediment; and (iii) police officer concerned expected not to take coercive action against the applicant for 30 days or till the bail application, whichever is earlier.

Issue for consideration

Whether the impugned order dated 02.06.2015 passed in Criminal Revision No. 4 of 2015 and the proceedings of Criminal Case No. 558 of 2014 against the applicant should be set aside/stayed under Section 482 Cr.P.C./528 B.N.S.S. +2 more

Ratio / Principle

The present application under Section 482 Cr.P.C./528 B.N.S.S. is disposed of with liberty as prayed for and with a direction to the court below.

Key takeaways

If the applicant applies for bail before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law, in view of the law laid down by the Apex Court in Satender Kumar Antil and Musheer Alam.ratio¶13
Liberty is granted to the applicant to move a discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously in accordance with law if there is no other legal impediment.ratio¶14
Taking note of the Apex Court's observations in Satendra Kumar Antil (Supra) and Musheer Alam (Supra), the Court expects the Police Officer concerned to refrain from taking coercive action against the applicant for 30 days from the order or till he applies for bail, whichever is earlier.

Detailed headnote1 paragraphs

Criminal Procedure - S. 482 Cr.P.C./S. 528 B.N.S.S. - application by Ram Chander Dewedi seeking to set aside the order dated 02.06.2015 passed by the learned Additional Session Judge/Special Judge E.C. Act in Criminal Revision No. 4 of 2015 and to set aside/stay the proceedings of Criminal Case No. 558 of 2014 (arising out of case crime no.816 of 2014 under sections 419 and 420 IPC, P.S. Musafirkhana, District Amethi) pending before the Judicial Magistrate-Musafirkhana - at hearing, counsel instead sought liberty to file a bail application and a discharge application before the trial court, relying on Satender Kumar Antil vs. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, and Musheer Alam vs. State of U.P., 2025 SCC Online SC 116, to which the learned A.G.A. had no objection - HELD: application disposed of with liberty as prayed for; any bail application to be considered and decided expeditiously in accordance with law; discharge application (if charges not framed) to be decided expeditiously absent legal impediment; and, in view of the Apex Court's observations in Satendra Kumar Antil and Musheer Alam, the police officer concerned expected not to take any coercive action against the applicant for 30 days or till he applies for bail, whichever is earlier. (Manish Kumar, J.; High Court of Judicature at Allahabad, Lucknow Bench, Court No. 27; Neutral Citation No. 2025:AHC-LKO:37929; order dated 4.7.2025.)

Neutral Citation No. - 2025:AHC-LKO:37929

Court No. - 27

Case :- APPLICATION U/S 482 No. - 2970 of 2015

Applicant :- Ram Chander Dewedi Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- Hemant Kumar Misra,Arti Ganguly

Counsel for Opposite Party :- Govt. Advocate,Ram Kushal Tiwari

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicant and learned AGA appearing for the State.

Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

"For the facts, reasons and circumstances of the case stated in the accompanying affidavit, it is expedient in the interest of justice that this Hon'ble court may graciously be pleased to set aside the impugned order dated 02.06.2015 passed by learned Additional Session Judge/Special Judge E.C. Act passed in Criminal Revision No. 4 of 2015 Ram Chander Dewedi vs. State of U.P. and another, alongwith the proceeding of the criminal case No. 558 of 2014 arising out of case crime no.816 of 2014 under section 419 and 420 IPC registered at Police Station Musafirkhana, District Amethi State vs Ram Chander Dewedi, pending in the court of Judicial Magistrate-Musafirkhana, District Amethi, and further be pleased to stay the proceeding of the criminal case No. 558 of 2014 State vs. Ram Chander Dewedi, during pendency of the present petition."

After arguing the matter at some length, Sri Hemant Kumar Mishra, 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 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 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, 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, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any 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 applicant applies for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case.

Order Date :- 4.7.2025 Nitesh

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