Kapil Dev Yadav and 7 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Kapil Dev Yadav and 7 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with liberty: (i) to apply for bail before the trial court, the bail prayer to be considered and decided expeditiously in accordance with law; (ii) to move a discharge application before the court below if charges have not been framed, to be decided expeditiously absent legal impediment; and the Police Officer concerned is expected not to take any coercive action against the applicants for 30 days from the order date or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the order dated 18.04.2025 should be quashed and proceedings in Case No. 3057 of 2019 (Case Crime No. 0118 of 2017, Sections 143, 341, 283, 504, 506 IPC, P.S. Jalalpur, District Ambedkar Nagar) pending before CJM-Ambedkar Nagar stayed during the pendency of this application. +1 more

Ratio / Principle

The present application is disposed of with liberty as prayed for: if the applicants apply 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 applicants 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¶12
Taking note of the observations of the Apex Court in Satender Kumar Antil and Musheer Alam, this Court observes that it is expected from the Police Officer concerned that no coercive action will be taken against the applicants for a period of 30 days from the date of the order or till the applicants apply for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Application U/S 482 Cr.P.C./S.528 B.N.S.S. No. 5452 of 2025 (Allahabad HC, Lucknow Bench, Court No. 27) by Kapil Dev Yadav and 7 others sought quashal of the order dated 18.04.2025 and a stay of proceedings in Case No. 3057 of 2019 (Case Crime No. 0118 of 2017, Ss.143, 341, 283, 504, 506 IPC, P.S. Jalalpur, District Ambedkar Nagar) pending before CJM-Ambedkar Nagar. Manish Kumar, J. (order dated 07.07.2025) disposed of the application with liberty as prayed: bail applications to be considered and decided expeditiously in view of the law laid down in Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116; liberty to move a discharge application if charges are unframed, to be decided expeditiously absent legal impediment; and, relying on the same Apex Court observations, the Police Officer concerned is expected to refrain from coercive action for 30 days from the order date or till the applicants apply for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:38300

Court No. - 27

Case :- APPLICATION U/S 482 No. - 5452 of 2025

Applicant :- Kapil Dev Yadav And 7 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Krishna Ram Yadav,Monu Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants as well as 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:-

" For the facts, reasons and circumstances stated in the accompanying affidavit that this Hon'ble Court may graciously be pleased to quash the order dated 18.04.2025 and stay the proceedings in Case No. 3057 of 2019 bearing Case Crime No. 0118 of 2017, Under Section 143, 341, 283, 504, 506, IPC, Police Station -Jalalpur, District - Ambedkar Nagar, pending before learned CJM-Ambedkar Nagar, during the pendency of this Petition/ application."

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 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 applicants.

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.

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.

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.

Order Date :- 7.7.2025 DiVYa

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