Disposed

Vivek Kumar Singh @ Suraj Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC27 May 2025A482/3948/2025

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C application, the Allahabad High Court granted liberty to the applicants to file bail and discharge applications, directed the trial court to decide them expeditiously, and restrained police from coercive action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications with a direction to the trial court to decide them expeditiously. No coercive action by police for 30 days.

Vivek Kumar Singh @ Suraj Singh and Another vs State of… — Bail and Remand | Allahabad HC (2025)

¶1

Neutral Citation No. - 2025:AHC-LKO:31516

¶2

Court No. - 14

¶3

Case :- APPLICATION U/S 482 No. - 3948 of 2025

¶4

Applicant :- Vivek Kumar Singh @ Suraj Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Km. Deepa,Vikrant Prakash Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Kumar,J.

¶6

Amendment application filed by learned counsel for the applicants is taken on record.

¶7

Learned counsel for the applicant has submitted that due to typographical error, the name of the father of the applicant nos. 1 and 2 has wrongly been transcribed as 'Ajay Kumar Singh', instead of 'Arun Kumar Singh'.

¶8

Learned A.G.A has no objection to the prayer made by learned counsel for the applicant.

¶9

Cause shown in the affidavit filed along with the amendment application is satisfactory.

¶10

The amendment application is allowed .

¶11

Learned counsel for the applicants is permitted to make incorporation/amendment during the course of the day.

¶12

Order on Application under Section 482 Cr.P.C/528 B.N.S.S

¶13

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

¶14

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

¶15

I. Set aside the impugned charge sheet dated 24.04.23 annexed as Annexure No 2 whereby applicants have been summoned the summoning order dated 03.02.2025 annexed as Annexure No.3 to instant application and all subsequent criminal proceedings arising out of the same which have been drawn against the Applicants in criminal case "State Vs Vivek Kumar Singh @ Suraj Singh and others" u/s 323, 504, 506 & 452 of the Indian Penal Code; Arising out of F.I.R. No. 0048/2023 of pending in the Court of Judicial Magistrate Court No.-24 District -Pratapgarh."

¶16

After arguing the matter 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 directed to be decided in view of law

¶17

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.

¶18

Learned A.G.A has no objection to the prayer made by learned counsel for the applicants.

¶19

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 applicants applies for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law.

¶20

Liberty is also granted to the applicants 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.

¶21

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satender 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, they would not take any coercive action against the applicants in the aforesaid case.

¶22

Order Date :- 27.5.2025 DiVYa

¶23

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

Vivek Kumar Singh @ Suraj Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Vivek Kumar Singh @ Suraj Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravindra Rawat vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Shashank Bajaj and Another vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Civil Sectt. Lko and Another

Surendra Singh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Mitthu and 4 Others vs Sita Ram and 5 Others

Amrish Narayan Singh @ Ambrish Narayan Singh and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Chetram and 4 Others vs Ms. Punya Salila Srivastava Secy. Ministry of Health and Family Welfare New Delhi and 6 Others