Ramakant Bajpai and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ramakant Bajpai and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a bail application before the trial court (to be considered and decided expeditiously in accordance with law); liberty to move a discharge application before the court below (to be decided expeditiously if there is no legal impediment); Police Officer concerned not to take coercive action against the applicants for 30 days from 12.5.2025 or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the entire criminal proceedings of Case No. 267 of 2020 ('State Versus Ramakant Bajpai & others') pending before the ACJ(SD)/II ACJM, Raebareli, arising out of Case Crime No. 0525 of 2019 under Sections 323, 504, 506, 427 IPC, together with the summoning order dated 26.6.2020 and the chargesheet dated 16.12.2019, ought to be set aside.

Court's answer

The application under Section 482 Cr.P.C. read with Section 528 BNSS was disposed of with liberty as prayed for; if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicants 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.

Key takeaways

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 applicants for a period of 30 days from today (order date 12.5.2025) or till the applicants apply for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14 — APPLICATION U/S 482 No. - 3569 of 2025 (Ramakant Bajpai And 2 Others v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another), Hon'ble Manish Kumar, J., Order Date 12.5.2025. Filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) seeking setting aside of the entire criminal proceedings of Case No. 267 of 2020 'State Versus Ramakant Bajpai & others' pending before ACJ(SD)/II ACJM, Raebareli, arising out of Case Crime No. 0525 of 2019, Sections 323, 504, 506, 427 IPC, Police Station-Bhadokhar, District Raebareli, including the impugned summoning order dated 26.6.2020 and impugned chargesheet dated 16.12.2019. Application disposed of with liberty to apply for bail before the trial court (in view of law laid down in Satendra Kumar Antil, (2022) 10 S.C.R. 351: (2022) 10 SCC 51, and Musheer Alam, 2025 SCC OnLine SC 116) and to move a discharge application, both to be decided expeditiously; Police Officer concerned expected not to take coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:27623

Court No. - 14

Case :- APPLICATION U/S 482 No. - 3569 of 2025

Applicant :- Ramakant Bajpai And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard 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 applicants with the following main prayers:-

"(i) To set aside the entire criminal proceedings of Case No. 267 of 2020 " State Versus Ramakant Bajpai & others" pending in the Court of Learned ACJ(SD)/II ACJM, Raebareli arising out of Case Crime No. 0525 of 2019, Under Sections 323, 504, 506, 427 IPC Police Station-Bhadokhar, District Raebareli as well as impugned summoning order dated 26.6.2020 and impugned chargesheet dated 16.12.2019 filed by Investigating Officer against the petitioners as contained in Annexure N.2 & 3 to this petition."

After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants 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 applicants.

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 applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicants 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 applicants apply 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