Pramod Kumar and 4 Others Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Pramod Kumar and 4 Others Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to apply for bail before the trial court, with direction that the bail prayer be considered and decided expeditiously in accordance with law; and an expectation that the Police Officer concerned will not take any coercive action against the applicants for 30 days or till they apply for bail, whichever is earlier. Quashing of the criminal proceedings/summoning order was not granted.

Issue for consideration

Whether the entire proceedings of Criminal Case No 1266 of 2024 (Sakla V/S Pramod & others) and the summoning order dated 27.05.2025 passed by the Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur should be quashed in respect of the applicants. +1 more

Court's answer

The prayer to quash the proceedings and the summoning order was not granted; the application was instead disposed of with the liberty and protection described above, after the Learned AGA raised no objection to that prayer.

Ratio / Principle

The application 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.

Key takeaways

Taking note of the observations of the Apex Court in Satendra Kumar Antil (Supra) and Musheer Alam (Supra), it is expected of the Police Officer concerned that for 30 days from the date of the order, or till the applicants apply for bail, whichever is earlier, no coercive action will be taken against the applicants in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 11), Saurabh Lavania, J.; Neutral Citation No. 2025:AHC-LKO:47531; Order dated 14.8.2025. Application U/S 482 No. - 6587 of 2025 by Pramod Kumar And 4 Others seeking quashing of the entire proceedings of Criminal Case No 1266 of 2024 (Sakla V/S Pramod & others), Police Station Kadipur, District Suldanpur, pending before the Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur, and of the impugned summoning order dated 27.05.2025. After argument, counsel sought only liberty to file a bail application to be decided in view of Satender Kumar Antil vs. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of U.P., 2025 SCC OnLine SC 116; the Learned AGA had no objection. The application was disposed of with that liberty, the court below was directed to decide any bail prayer expeditiously in accordance with law, and, taking note of the two Apex Court decisions, it was observed that the Police Officer concerned is 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:47531

Court No. - 11 Case :- APPLICATION U/S 482 No. - 6587 of 2025 Applicant :- Pramod Kumar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Deepak Kumar,Krishna Kumar Bhasker Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,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 by the applicants for the following main reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of the Criminal Case No 1266 of 2024, Sakla V/S Pramod & others, related to Police Station Kadipur, District Suldanpur, Pending In the court of Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur and also quash the impugned summoning order dated 27.05.2025 passed by Learned Additional Chief Judicial Magistrate, Kadipur, Sultanpur in Criminal Case No 1266 of 2024, Sakla V/S Pramod & others, related to Police Station Kadipur, District Suldanpur, in respect of Applicants only, in the interest of law and justice.."

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 .

Learned AGA 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 apply 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 by the Hon'ble Apex Court 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, they would not take any coercive action against the applicants in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

Order Date :- 14.8.2025/Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench