Aneesh Verma Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Aneesh Verma Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer not adjudicated (relinquished by counsel); interim protection from coercive action for three weeks; bail application, if moved within three weeks, to be considered and disposed of per Satendra Kumar Antil guidelines.

Issue for consideration

Whether the charge sheet dated 30.10.2010, the cognizance order dated 02.12.2010 and the entire criminal proceeding of Criminal Case no. 8939/1x of 2010 (arising out of Case Crime no. 440 of 2010) should be quashed. +1 more

Ratio / Principle

In case the applicant appears before the court concerned within three weeks and moves an application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by the Hon'ble Apex Court in Satendra Kumar Antil.

Key takeaways

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant.ratio¶6
If no bail application is moved within the prescribed three-week period, the order will be of no avail to the applicant.ratio¶7

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Saurabh Srivastava, J.), Court No. 74, Application U/S 528 BNSS No. 10121 of 2025, order dated 22.5.2025 (Neutral Citation 2025:AHC:87496). Applicant Aneesh Verma sought quashing of the charge sheet dated 30.10.2010 and cognizance order dated 02.12.2010, along with the entire criminal proceeding of Criminal Case no. 8939/1x of 2010 (State vs. Hero & others) arising out of Case Crime no. 440 of 2010, under sections 147, 353, 336, 427 IPC and section 7 CLA Act, PS Govind Nagar, District Mathura, pending before the Chief Judicial Magistrate, Mathura. At the outset, counsel relinquished the prayer for quashment and elected to move a bail application before the trial court per the guidelines/observations in Satendra Kumar Antil v. Central Bureau of Investigation and another, (2021) 10 SCC 773; the learned AGA raised no objection. The court directed that if the applicant appears before the court concerned within three weeks and moves a bail application, it shall be considered and disposed of in terms of the Satendra Kumar Antil guidelines; that no coercive action shall be taken against the applicant for three weeks; and that the order will be of no avail if no such application is moved within that period. The application stands disposed of.

Neutral Citation No. - 2025:AHC:87496

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 10121 of 2025

Applicant :- Aneesh Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Goyal,Sunil Kumar I Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

This application has been filed by the applicant to quash the charge sheet dated 30.10.2010 as well as cognizance order dated 02.12.2010 along with entire criminal proceeding of Criminal Case no. 8939/1x of 2010 (State vs. Hero & others) arising out of Case Crime no. 440 of 2010, under section 147, 353, 336, 427 IPC & 7 CLA Act, PS- Govind Nagar, District Mathura, pending in court of learned Chief Judicial Magistrate, Mathura.

At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in case of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

Learned AGA has no objection to the prayer so made.

Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within three weeks from today and move application for bail, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

For a period of three weeks from today, no coercive action shall be taken against the applicant.

It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to

the applicant.

With the above direction, the instant application stands disposed of.

Order Date :- 22.5.2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad