Surendra Kumar Yadav and 6 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Surendra Kumar Yadav and 6 Others 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 apply for bail before the trial court (bail prayer to be considered and decided expeditiously in accordance with law); liberty to move a discharge application before the court below (to be decided expeditiously); and an expectation that the police officer concerned will not take coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier.

Issue for consideration

Whether the impugned charge sheet dated 26.08.2024 and the summoning order dated 18.11.2024, arising out of FIR No. 0069/2024 (P.S. Bandhuakla, District Sultanpur) under Sections 147, 452, 308, 323, 504, 506 IPC, ought to be quashed.

Court's answer

The application is disposed of with liberty to the applicants to apply for bail before the trial court; if they do so, their prayer for bail shall be considered and decided expeditiously in accordance with law. The quashing prayer itself was not adjudicated.

Ratio / Principle

Liberty is granted to the applicants to move a discharge application before the court below, which shall be decided expeditiously in accordance with law.

Key takeaways

Taking note of the facts and the observations in Satendra Kumar Antil (supra), the Court recorded its expectation that the police officer concerned would not take any coercive action against the applicants for 30 days from the order or till they apply for bail, whichever is earlier.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.) — Application u/s 482 by Surendra Kumar Yadav and 6 others seeking quashing of the charge sheet dated 26.08.2024 and summoning order dated 18.11.2024 arising out of FIR No. 0069/2024 (Ss. 147/452/308/323/504/506 IPC, P.S. Bandhuakla, District Sultanpur). The Court did not adjudicate the quashing prayer; on the joint position of counsel, it disposed of the application with (i) liberty to apply for bail before the trial court, to be considered and decided expeditiously, (ii) liberty to move a discharge application before the court below, likewise to be decided expeditiously, and (iii) an observation, taking note of Satender Kumar Antil v. CBI, (2022) 10 SCC 51, that no coercive action be taken against the applicants for 30 days from the order or till they apply for bail, whichever is earlier. Order Date: 28.01.2025.

Neutral Citation No. - 2025:AHC-LKO:5453

Court No. - 12

Case :- APPLICATION U/S 482 No. - 783 of 2025

Applicant :- Surendra Kumar Yadav And 6 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anubhav Yadav 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 impugned charge sheet dated 26.08.2024 and summoning order dated 18.11.2024 filed in first information report dated 12.05.2024 No. 0069/2024 under section 147,452,308,323,504,506, Indian Penal Code, (State vs Ram murat others), Police Station Bandhuakla, District Sultanpur as Annexure no.1 to this petition.

i. It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation and implementation of impugned the impugned summoning order dated 18.11.2024 filed in first information report dated 12.05.2024 No. 0069/2024 under section 147,452,308,323,504,506, Indian Penal Code, (State vs Ram murat others), Police Station Bandhuakla, District - Sultanpur as Annexure no.1 to this petition."

After arguing 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 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 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 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.

Liberty is also granted to the applicants 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 observations made in the case of Satendra Kumar Antil (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 :- 28.1.2025 Arun/-

Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench