Mohd. Furkan Khan Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Mohd. Furkan Khan Vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Original prayer in the Section 482 application declined upon the applicant withdrawing it; the applicant was permitted to approach the learned trial court for grant of interim bail/bail application as may be advised, and the trial court was directed to decide the interim bail/bail application expeditiously as per relevant holdings of various constitutional Courts including the Supreme Court's law in Satendra Kumar Antil v. CBI.

Issue for consideration

Whether the prayer sought by the applicant in the Application U/S 482 Cr.P.C. should be pressed and granted. +1 more

Court's answer

Since the applicant's counsel submitted that he did not wish to press the prayer sought in the application, the prayer sought in the application was declined.

Ratio / Principle

The applicant is permitted to approach the learned trial court for grant of interim bail/bail application as may be advised.

Key takeaways

The learned trial court is directed to decide the interim bail/bail application expeditiously as per relevant holdings of various constitutional Courts, including the law laid down by the Supreme Court in Satendra Kumar Antil v. Central Bureau of Investigation and another.ratio¶19

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH) - Single Judge (Ajay Bhanot, J.) - Application U/S 482 Cr.P.C. No. 7131 of 2025 - Mohd. Furkan Khan v. State of U.P. thru Prin. Secy. Home Civil Sectt. Lko. & 2 Others - Decided September 3, 2025. Counsel for applicant did not wish to press the prayer sought in the application; the prayer was accordingly declined. The application was disposed of with directions: the applicant may approach the learned trial court for grant of interim bail/bail application as may be advised, and the learned trial court shall decide the interim bail/bail application expeditiously as per relevant holdings of various constitutional Courts, including the law laid down by the Supreme Court in Satendra Kumar Antil v. Central Bureau of Investigation and another (SLP (Crl.) No. 5191 of 2021). Background noted by the Learned AGA: applicant identified as one of the principal offenders in the FIR, with injury reports and eyewitnesses supporting the prosecution case.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 7131 of 2025

Mohd. Furkan Khan

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 2 Others

.....Opposite Party(s)

Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A.

Court No. - 15

HON'BLE AJAY BHANOT, J.

Learned AGA submits that the applicant has been identified as one of the principal offender in the FIR who assaulted the victims. There are injury reports and eye witnesses who supported the prosecution case. A prima facie case is disclosed from the FIR as well as evidences collected during the course of investigation.

Faced with this, Sri Ram Karan Yadav, learned counsel holding brief of Sri Brijesh Kumar Yadav, learned counsel for the applicant submit that he does not wish to press the prayer sought in the application.

The prayer sought in the application is accordingly declined.

Learned counsel for the applicant recasts his relief and submits that the applicant may be permitted to approach the learned trial court for bail/interim bail which may be processed expeditiously and as per law.

In wake of the preceding submissions, interest of justice will be served by disposing of the application with the following directions:

(i). The applicant may approach the learned trial court for grant of interim bail/bail application as may be advised.

A482 No. 7131 of 2025

2

(ii). The learned trial court is directed to decide the interim bail /bail application expeditiously as per relevant holdings of various constitutional Courts including the law laid down by the Supreme Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another , rendered in Special Leave to Appeal (Crl.) No.5191 of 2021 .

The Application U/S 482 Cr.P.C. is disposed of.

(Ajay Bhanot,J.)

September 3, 2025 Pravin

Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad, Lucknow Bench