Surendra Kumar Shukla Vs State of U.P. Thru. the Prin. Secy. Home Dett. and Anr. — Allahabad HC (2025) — LawSathi Research

Surendra Kumar Shukla Vs State of U.P. Thru. the Prin. Secy. Home Dett. and Anr. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned (I.A. No. 3 of 2024); order dated 09.05.2024 recalled and case restored to its original number (I.A. No. 4 of 2024); main Section 482 Cr.P.C./Section 528 BNSS application disposed of with liberty to apply for bail before the trial court, which is to decide the bail prayer expeditiously in accordance with law; no coercive action by the police for 30 days or till the bail application is filed, whichever is earlier.

Issue for consideration

Whether the delay in filing the recall application against the order dated 09.05.2024 should be condoned (I.A. No. 3 of 2024). +2 more

Court's answer

Cause shown in the affidavit supporting I.A. No. 3 of 2024 is satisfactory and delay in filing the recall application is condoned.

Ratio / Principle

I.A. No. 4 of 2024 is allowed and the order dated 09.05.2024 is recalled.

Key takeaways

The case is restored to its original number.ratio¶20
On the learned counsel's submission that liberty be granted to file a bail application before the trial court in view of Satendra Kumar Antil and Musheer Alam, to which the AGA had no objection, the main application under Section 482 Cr.P.C. read with Section 528 BNSS is disposed of with liberty as prayed for.ratio¶27
Direction to the court below: if the applicant applies for bail before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law.ratio

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 5387 of 2015 (Neutral Citation 2025:AHC-LKO:29091), High Court of Judicature at Allahabad, Lucknow Bench, Manish Kumar, J., decided 16.5.2025 — Surendra Kumar Shukla v. State of U.P. I.A. No. 3 of 2024 (condonation of delay) and I.A. No. 4 of 2024 (recall) allowed: order dated 09.05.2024 recalled and case restored to its original number. The Section 482 Cr.P.C. application, read with Section 528 BNSS, which sought quashing of Charge Sheet No. 29/2013 in Case Crime No. 74/2013 (Sections 177/182/195 IPC, P.S. Purwa, District Unnao), the summoning order dated 18.08.2014 and the non-bailable warrant order dated 17.09.2015 passed by the Judicial Magistrate, Purwa, Unnao in case no. 918/2013, was disposed of with liberty to the applicant to seek bail before the trial court in view of Satendra Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, with a direction to decide the bail prayer expeditiously, and an observation that no coercive action be taken for 30 days or till the bail application, whichever is earlier. The quashing prayer itself was not adjudicated.

Neutral Citation No. - 2025:AHC-LKO:29091

Court No. - 14

Case :- APPLICATION U/S 482 No. - 5387 of 2015

Applicant :- Surendra Kumar Shukla Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Dett. And Anr.

Counsel for Applicant :- Ran Vijay Singh,Jyoti Prakash,Sagar Singh,Shri Ram Maurya

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Manish Kumar,J.

(I.A. No. 3 of 2024)

This is an application seeking condonation of delay in filing the recall application for recalling the order dated 09.05.2024.

Cause shown in the accompanying affidavit filed in support of the instant application is found to be satisfactory.

Learned AGA has no objection in allowing the present application.

Application is allowed .

Delay is condoned.

(I.A. No. 4 of 2024)

This is an application seeking recall of the order dated 09.05.2024.

Cause shown in the accompanying affidavit filed in support of the instant application is found to be satisfactory.

Learned AGA has no objection in allowing the present application.

Application is allowed .

Order dated 09.05.2024 is hereby recalled.

Case is restored to its original number.

(Order on application)

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. by the applicant with the following prayer:-

" For the facts, reasons and circumstances as stated in the accompanying affidavit, It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet No. 29/2013 filed in Case Crime No. 74/2013 Under Section 177/182/195 I.P.C., Police Station Purwa, District Unnao as well as the summoning order dated 18.08.2014 and order dated 17.09.2015 issuing non bailable warrant against the petitioner by the Judicial Magistrate, Purwa, Unnao in case no. 918/2013, State Vs, Surendra Kumar Shukla, arising out of case crime no. 74/2013, under Section 177/182/195, Police Station Purwa, District Unnao Contained as Annexure no. 1, 2 & 3 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 .

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, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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 applicant in the aforesaid case.

Order Date :- 16.5.2025/Ashish

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