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

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

What the court decided

AI extract

Outcome

Application disposed of with liberty to the applicant to apply for bail before the trial court (to be considered and decided expeditiously) and to file a discharge application (to be decided expeditiously); police officer expected to refrain from coercive action for 30 days or till the bail application is filed, whichever is earlier.

Issue for consideration

Whether the charge sheet dated 2.5.2018 in Case Crime No. 53/2018 (Sections 427, 452, 323, 504, 506 IPC, P.S. Sangrampur, District Amethi), the cognizance/summoning order dated 11.7.2018, the NBW dated 3.4.2024, and the entire criminal proceeding initiated pursuant thereto should be quashed/set aside.

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for; if the applicant applies for bail before the concerned court, 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, which shall be decided expeditiously in accordance with law subject to absence of any other legal impediment.

Key takeaways

Taking note of Satendra Kumar Antil (supra) and Musheer Alam (supra), the Court observed that the concerned Police Officer is expected not to take any coercive action against the applicants for a period of 30 days or till the applicant applies for bail, whichever is earlier.ratio¶15

Detailed headnote1 paragraphs

Criminal Miscellaneous (S. 482 Cr.P.C., now S. 528 BNSS) seeking quashing of charge sheet dated 2.5.2018 in Case Crime No. 53/2018 (Ss. 427, 452, 323, 504, 506 IPC, P.S. Sangrampur, District Amethi), cognizance/summoning order dated 11.7.2018 and NBW dated 3.4.2024 (Old Case No. 757/2018, New Case No. 4258/2023, ACJM Court No.19, Sultanpur): application disposed of without adjudication of the quashing plea on merits. 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 granted liberty to seek bail and to file a discharge application before the trial court, both to be decided expeditiously, and observed that the police should not take coercive action against the applicants for 30 days or till the bail application, whichever is earlier. Order dated 17.4.2025 by Hon'ble Manish Kumar, J.

Neutral Citation No. - 2025:AHC-LKO:21620

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3260 of 2025

Applicant :- Rohit Kumar Sharma @ Rohit Sharma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Hari Om Gupta,Om Prakash Gupta Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard Shri Hari Om Gupta, learned counsel for the applicants 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 respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set-aside the impugned charge sheet dated 2.5.2018 arising out of Case Crime No.53/2018, Under Sections: 427, 452, 323, 504, 506 IPC, Police Station: Sangrampur, District Amethi as well as cognizance/summoning order dated 11.7.2018 and NBW dated 3.4.2024 passed/issued by learned Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Old Criminal Case No.757/2018, new Criminal Case No.4258/2023 (State Versus Rohit Sharma & Others) including entire criminal proceeding initiated in pursuance thereof, as contained in Annexure No. 1,2&3 respectively to this Petition.

It is also prayed that this Hon'ble Court may kindly be pleased to stay the entire proceeding initiated in pursuance of the impugned charge sheet dated 2.5.2018 arising out of Case Crime No.53/2018, Under Sections: 427, 452, 323, 504, 506 IPC, Police Station: Sangrampur, District Amethi as well as cognizance/summoning order dated 11.7.2018 and NBW dated 3.4.2024 passed/issued by learned Additional Chief Judicial Magistrate, Court No.19, Sultanpur in Old Criminal Case No 757/2018, New Criminal Case No. 4258/2023 (State Vs. Rohit Sharma & others) during pendency of the instant petition in the interest of justice "

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 any 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.

Order Date :- 17.4.2025 Ashish

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