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

Jitendra 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 to the applicant to apply for bail before the court below (bail prayer to be considered and decided expeditiously in accordance with law) and to file a discharge application if charges have not been framed; police expected not to take any coercive action against the applicant for 30 days from the order date or till the bail application, whichever is earlier.

Issue for consideration

Whether the entire criminal proceedings of Case No. 120978 of 2023 ('State versus Kailash @ Kallu & others') pending before ACJM-II, Lucknow, along with the summoning order dated 06.11.2023 and the chargesheet dated 15.08.2023, should be set aside so far as they relate to the applicant, under Section 482 Cr.P.C./Section 528 B.N.S.S. +1 more

Ratio / Principle

The present application is disposed of with liberty as prayed for, with a direction that 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

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, in case there is no other legal impediment.ratio¶¶14
Taking note of the facts and the observations of the Hon'ble Apex Court in Satendra Kumar Antil (supra) and Musheer Alam (supra), it is expected of the Police Officer concerned that for 30 days from the date of this order, or till the applicant applies for bail, whichever is earlier, no coercive action will be taken against the applicant in the said case.ratio¶¶15

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C./Section 528 B.N.S.S. by Jitendra seeking setting aside of the entire criminal proceedings of Case No. 120978 of 2023 ('State versus Kailash @ Kallu & others'), arising out of Case Crime No. 0271 of 2023 under Sections 323, 336, 308, 506, 325, 504 I.P.C., P.S. Gudamba, District Lucknow, including the summoning order dated 06.11.2023 and the chargesheet dated 15.08.2023, before ACJM-II, Lucknow, qua the applicant. After argument, the application was disposed of with liberty to seek bail and to file a discharge application before the court below, both to be decided expeditiously in accordance with law; drawing on the Apex Court decisions in Satender Kumar Antil ((2022) 10 SCC 51) and Musheer Alam (2025 SCC Online SC 116), the court observed that the Police Officer concerned is expected not to take any coercive action against the applicant for 30 days from the order date or till the applicant applies for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:23827

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3541 of 2025

Applicant :- Jitendra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amar Singh,Virendra Vikram Singh Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C/528 B.N.S.S has been filed with the following main prayer:-

"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously pleased to:-

(i) To set aside the entire criminal proceedings of Case No. 120978 of 2023 "State versus Kailash @ Kallu & others" pending in the Court of Learned ACJM-II Lucknow arising out of Case Crime No. 0271 of 2023, under Sections 323, 336, 308, 506, 325, 504 I.P.C, Police Station Gudamba, District Lucknow as well as impugned summoning order dated 06.11.2023 and impugned chargesheet dated 15.08.2023 filed by Investigating Officer against the petitioner one other person, so far as it relates with the petitioner, as contained in Annexure No. 1 & 2 to this petition. "

After arguing the matter 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 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, in case there is no 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 :- 25.4.2025 DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench