Anuj Kumar Sharma @ Anuj Sharma Vs State of U.P. Thru. Principal Secy. Home Lko and Another — Allahabad HC (2025) — LawSathi Research

Anuj Kumar Sharma @ Anuj Sharma Vs State of U.P. Thru. Principal Secy. Home Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty as prayed for: (i) liberty to apply for bail before the trial court, with the bail prayer to be considered and decided expeditiously in accordance with law; (ii) liberty to move a discharge application before the court below, to be decided expeditiously in accordance with law if there is no other legal impediment; and (iii) an expectation that the Police Officer concerned will not take any coercive action against the applicant for 30 days from the order date or until the applicant applies for bail, whichever is earlier. The charge sheet and cognizance were not quashed.

Issue for consideration

Whether the charge sheet No. 01/2022 dated 08-12-2022 and the cognizance taken by the Additional Chief Judicial Magistrate, 3rd, Lucknow, arising out of Case Crime No. 263/2022 under sections 323 and 504 IPC (PS Sushant Golf City, Lucknow), should be quashed under Section 482 Cr.P.C. (now Section 528 BNSS).

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for, with a direction to the court below regarding the applicant's bail application.

Ratio / Principle

If the applicant applies for bail before the trial court, his 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, which shall be decided expeditiously in accordance with law if there is no other legal impediment.ratio¶¶13
Taking note of the observations in Satendra Kumar Antil (supra) and Musheer Alam (supra), the Police Officer concerned is expected not to take any coercive action against the applicant for a period of 30 days from the date of the order or until the applicant applies for bail, whichever is earlier.ratio¶¶14

Detailed headnote1 paragraphs

Criminal antecedents — quashing application under S. 482 Cr.P.C. (now S. 528 BNSS) against charge sheet No. 01/2022 dated 08-12-2022 and cognizance therein, arising out of Case Crime No. 263/2022 under Ss. 323, 504 IPC, P.S. Sushant Golf City, District Lucknow, pending before ACJM-3rd, Lucknow — application not pressed on merits; disposed of with liberty to the applicant (a) to apply for bail before the trial court, to be decided expeditiously in accordance with law, and (b) to prefer a discharge application, likewise to be decided expeditiously; taking note of the observations in Satendra Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, the Police Officer concerned was expected not to take any coercive action against the applicant for 30 days or until the applicant applied for bail, whichever was earlier (Order dt. 12.5.2025).

Neutral Citation No. - 2025:AHC-LKO:27666

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3564 of 2025

Applicant :- Anuj Kumar Sharma @ Anuj Sharma Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko And Another Counsel for Applicant :- Krishna Kumar Tiwari 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 main prayers:-

"Wherefore, it is most respectfully prayed that this Hon'ble High Court may kindly be pleased to quash the impugned charge sheet no. 01/2022, dated 08-12-2022, submitted by the investigating officer against the petitioner, cognizance taken by the Learned Additional Chief Judicial Magistrate, 3rd, Lucknow, arising out of Case crime No. 263/2022, under section- 323, 504 I.P.C., relating to Police StationSushant Golf City, District- Lucknow, (State Versus Anuj Sharma), pending in the Court of Learned Additional Chief Judicial Magistrate, 3rd, Lucknow in the interest of justice, contained as Annexure No.1 to this petition."

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 and 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 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 :- 12.5.2025 AKK

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