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

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

What the court decided

AI extract

Outcome

Application disposed of with liberty to file a bail application and a discharge application before the court below, both to be decided expeditiously in accordance with law; police directed/expected not to take coercive action against the applicant for 30 days or till the bail application, whichever is earlier.

Issue for consideration

Whether the Chart Sheet No. 01 of 2024, cognizance order dated 09-09-2024 and summoning order dated 09-09-2024 arising out of Case Crime No. 0009 of 2024 (Sections 323, 504, 506, 308, 120-B & 325 IPC, P.S. Baldirai, District Sultanpur) are liable to be quashed under Section 482 Cr.P.C.

Court's answer

The application under Section 482 Cr.P.C. is disposed of with liberty to the applicant to apply for bail before the trial court, and the court below is directed that if such bail application is filed, 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 the same shall be decided expeditiously in accordance with law.

Key takeaways

In view of the observations in Satender Kumar Antil and Musheer Alam, the Police Officer concerned is expected not to take any coercive action against the applicant for a period of 30 days from the order or till the applicant applies for bail, whichever is earlier.ratio¶14

Detailed headnote1 paragraphs

Section 482 Cr.P.C. quashing application (Application U/S 482 No. 763 of 2025) by Rajkumar Singh against the State of U.P. challenging Chart Sheet No. 01 of 2024 and the cognizance and summoning orders dated 09-09-2024 in Case Crime No. 0009 of 2024 under Sections 323, 504, 506, 308, 120-B & 325 IPC, Police Station Baldirai, District Sultanpur. Held: application disposed of on the applicant's own prayer, with liberty 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 Satender Kumar Antil v. CBI, (2022) 10 SCC 51 and Musheer Alam v. State of U.P., 2025 SCC OnLine. The Police Officer concerned is expected not to take any coercive action against the applicant for 30 days from the order or till the applicant applies for bail, whichever is earlier. Single Judge: Saurabh Lavania, J.; Order date: 4.2.2025; Neutral Citation: 2025:AHC-LKO:7035.

Neutral Citation No. - 2025:AHC-LKO:7035

Court No. - 12

Case :- APPLICATION U/S 482 No. - 763 of 2025

Applicant :- Rajkumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sudhakar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):-

"(i) Quash the impugned Chart Sheet No. 01 of 2024, U/S 323, 504, 506, 308, 120-B & 325 I.P.C. Police Station-Baldirai, District-Sultanpur, arising out of Case Crime NO.0009 of 2024, in Criminal Misc. Case No.9180 of 2024 & Cognizance order dated 09-09-2024 as well as summoning order dated 09-092024, as contained in Annexure No. 1 & 2 to this petition, in the interest of 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 Satender Kumar Antil versus 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 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 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.

Taking note of the facts of the case and also the observation 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.

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

Order Date :- 4.2.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench