Sushil Kumar Gautam Alias Susheel Kumar and 2 Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Sushil Kumar Gautam Alias Susheel Kumar and 2 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 the applicants to apply for bail before the trial court and to file a discharge application before the court below, both to be decided expeditiously in accordance with law; police directed not to take coercive action against the applicants for 30 days from the order or until they apply for bail, whichever is earlier.

Issue for consideration

Whether the charge-sheet dated 06/04/2024 and the cognizance/summoning order dated 18/10/2024 in Case Crime No. 45/2024 (Sections 323, 452, 504, 506 IPC) should be quashed insofar as they relate to the applicants.

Court's answer

The Section 482 application is disposed of with liberty to the applicants to apply for bail before the trial court, and any such bail prayer is to be considered and decided expeditiously in accordance with law.

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 observations of the Apex Court in Satender Kumar Antil and Musheer Alam, the Court expects that the concerned Police Officer will not take any coercive action against the applicants for a period of 30 days from the order or until the applicants apply for bail, whichever is earlier.ratio¶12

Detailed headnote1 paragraphs

Criminal Miscellaneous (Application U/S 482) No. 912 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 12), decided by Saurabh Lavania, J. on 7.2.2025. The applicants sought quashing of the charge-sheet dated 06/04/2024 under Sections 323, 452, 504, 506 IPC and the cognizance and summoning order dated 18/10/2024 passed by the Additional Chief Judicial Magistrate -IV, Lucknow in Case Crime No. 45/2024, Police Station Nagram, District Lucknow. After argument, counsel for the applicants sought liberty to file a bail application before the trial court (to be decided per Satender Kumar Antil v. CBI, (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116) and to prefer a discharge application. The AGA raised no objection. The Court disposed of the application with such liberties, directed expeditious decision of the bail and discharge applications, and, noting the Apex Court's observations, expected that the concerned Police Officer would refrain from taking coercive action against the applicants for 30 days from the order date or until they applied for bail, whichever was earlier.

Neutral Citation No. - 2025:AHC-LKO:8031

Court No. - 12

Case :- APPLICATION U/S 482 No. - 912 of 2025 Applicant :- Sushil Kumar Gautam Alias Susheel Kumar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Singh 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 in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the Chargesheet dated 06/04/2024 filed under section 323,452,504,506 IPC and also quash the cognizance and summoning order dated 18/10/2024 passed by the Additional Chief Judicial Magistrate -IV, Lucknow relating Case Crime No. 45/2024 Under Section 323,452,504,506 IPC Police Station Nagram, District - Lucknow so far as it relates with the petitioner and the present petition may kindly be allow, in the interest of 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 , and also to prefer a discharge application before the court below and the same may also be directed to 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 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 :- 7.2.2025 Jyoti/-

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