Vishal Singh and 5 Others Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Vishal Singh and 5 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 as prayed for: liberty to file a bail application before the trial court (to be considered and decided expeditiously in accordance with law) and liberty to move a discharge application before the court below (to be decided expeditiously if no other legal impediment); further, the police officer concerned is expected not to take any coercive action against the applicants for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.

Issue for consideration

Whether charge-sheet no. 52/2024 dated 13.02.2024 arising out of case crime no. 0386 of 2021 (sections 34, 147, 452, 506, 323, 504 IPC, P.S. Pali, District Hardoi) and the consequential summoning order dated 08.04.2024 pending before the Additional Chief Judicial Magistrate-I, Hardoi should be quashed. +1 more

Court's answer

The application under Section 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 applicant applies for bail, the prayer for bail shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

Liberty is granted to the applicant to move a discharge application before the court below, and it 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 the order or till the applicant applies for bail, whichever is earlier.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Kumar, J. — Application under Section 482 Cr.P.C. (now Section 528 BNSS) by Vishal Singh and 5 others seeking quashing of charge-sheet no. 52/2024 dated 13.02.2024 arising out of case crime no. 0386 of 2021 (sections 34, 147, 452, 506, 323, 504 IPC, P.S. Pali, District Hardoi) and the consequential summoning order dated 08.04.2024 of the Additional Chief Judicial Magistrate-I, Hardoi — DISPOSED OF with liberty to the applicants to file a bail application before the trial court and a discharge application before the court below, both to be decided expeditiously in accordance with law; relying on Satendra Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, the Court observed that the police officer concerned is expected not to take any coercive action against the applicants for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.

Neutral Citation No. - 2025:AHC-LKO:38240

Court No. - 27

Case :- APPLICATION U/S 482 No. - 7035 of 2024

Applicant :- Vishal Singh And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

Counsel for Applicant :- Arvind Kumar Misra,Vineet Kumar Mishra Counsel for Opposite Party :- G.A.,Arun Sinha,Rahul Kumar Singh,Raj Kumar Singh,Rajat Pratap Singh,Ram Chandra Singh

Hon'ble Manish Kumar,J.

Counter affidavit filed by Sri Arun Sinha, learned counsel for the respondent no.2 is taken on record.

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 applicant with the following prayer:-

"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the charge-sheet no. 52/2024 dated 13.02.2024 against the petitioners arising out of case crime no. 0386 of 2021, under section 34,147,452, 506, 323,504 IPC relating to Police Station Pali District Hardoi & consequential order i.e. summoning order dated 08.04.2024 against the petitioners pending in the court of learned Additional Chief Judicial Magistrate-I, Hardoi District Hardoi (contained as annexure no. 1 & 2 to this petition), in the interest of law and justice"

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

Liberty is also granted to the applicant 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 applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case.

Order Date :- 7.7.2025 Ashish

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