Pradeep Sahu Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

Pradeep Sahu Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to file a bail application before the trial court, with a direction that such prayer for bail be considered and decided expeditiously in accordance with law; expectation that the Police Officer concerned will take no coercive action for 30 days from the order or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether the Chargesheet No. 01/2021 and the Summoning Order (cognizance dated 23/05/2022) in Case Crime No. 0738 of 2020, S. 406 IPC, Police Station Kotwali Bikapur, District Ayodhya, ought to be quashed. +2 more

Court's answer

Rather than adjudicating the quashing prayer, the Court disposed of the Section 482 Cr.P.C. / Section 528 BNSS application with liberty as prayed for, permitting the applicant to pursue bail before the trial court.

Ratio / Principle

If the applicant applies for bail before the Court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law.

Key takeaways

Taking note of the observations in Satendra Kumar Antil (Supra) and Musheer Alam (Supra), 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, no coercive action will be taken against the applicant in the aforesaid case.ratio¶12

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 14) | Manish Kumar, J. | Order dated 17.4.2025 | Neutral Citation No. 2025:AHC-LKO:21697 | Application U/S 482 No. 3251 of 2025 filed by Pradeep Sahu sought quashing of Chargesheet No.- 01/2021 and the Summoning Order issued on cognizance taken on 23/05/2022 by the Additional Civil Judge Senior Division Third/ACJM, Faizabad, arising out of Case Crime No. 0738 of 2020, S. 406 IPC, Police Station Kotwali Bikapur, District Ayodhya. Counsel for the applicant instead sought liberty to file a bail application before the trial court, to be decided in view of the law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116; the Learned AGA had no objection. The application, under S. 482 Cr.P.C. read with S. 528 BNSS, was disposed of with liberty as prayed for, with a direction to the court below to consider and decide any bail application expeditiously in accordance with law, and with an expectation that the Police Officer concerned would take no coercive action against the applicant for 30 days from the order or till the bail application, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:21697

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3251 of 2025

Applicant :- Pradeep Sahu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Ashok Kumar,Kubra Fatima,Mohsin Asad,Muzammil Asad 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:-

" Wherefore, it is most humbly prayed that this Hon'ble Court may kindly be pleased to: That in Case Crime No. - 0738 of 2020, under Section -406 IPC at Police Station- Kotwali Bikapur, District Ayodhya registered by Opposite Party No. - 2(State vs. Pradeep Sahu) in which Police send Chargesheet No.- 01/2021, under Section- 406 IPC to the Court of Additional Civil Judge Senior Division Third/A.C.J.M., Faizabad, District Ayodhya and on dated 23/05/2022 the Additional Civil Judge Senior Division Third/ACJM Faizabad took cognizance and issued Summoning order. This Hon'ble High Court may kindly be pleased to quash the Chargesheet and Summoning Order at Annexure No. 2 and Annexure No. 3."

After arguing at some length, Ms. Kubra Fatima, 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, their 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 applicant in the aforesaid case.

Order Date :- 17.4.2025 Nitesh

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