Bachcha Lal Yadav and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bachcha Lal Yadav and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No relief on the quashing prayer; protective directions only - liberty to seek bail within 15 days (to be considered the same day if possible) and no coercive action against the applicants for 15 days.

Issue for consideration

Whether the charge-sheet no.456 of 2018, the cognizance/summoning order dated 17.07.2018 and the entire proceedings of S.T. No.41 of 2018 against the applicants under the Gangster Act are liable to be quashed. +1 more

Court's answer

On hearing rival submissions and perusal of record, the A.G.A.'s arguments were found justified; no illegality or impropriety appears in the impugned charge-sheet and cognizance/summoning order, and the court concerned rightly proceeded against the applicants.

Ratio / Principle

The instant application under section 528 BNSS lacks merit and is dismissed.

Key takeaways

Liberty is extended to the applicants to appear before the court concerned for seeking bail within 15 days; if bail is preferred within the stipulated time, it shall be considered on the same day, if possible.ratio¶13
Till 15 days from the date of the order, no coercive action shall be taken against the applicants.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; order dated 27.5.2025) dismissed an application under section 528 BNSS by Bachcha Lal Yadav and four others seeking quashing of charge-sheet no.456 of 2018 (dated 26.06.2018), the cognizance/summoning order dated 17.07.2018, and the entire proceedings of S.T. No.41 of 2018 (State vs. Bachcha Lal and Others) arising out of Case Crime No.92 of 2018 under sections 2/3 of the U.P. Prevention of Damages to Public Property Act, 1986, pending before the Special Judge, Gangster Act, Prayagraj. Counsel for the applicants, relying on Tej Singh and Others vs. State of U.P. and Another (Criminal Misc. Application No.3239 of 2005, decided 24.04.2019), argued the applicants committed no anti-social activity; the A.G.A. contended the implication rested only on the gang-chart criminal history in Case Crime Nos.302 of 2017 and 1119 of 2015 and could not be adjudicated by way of a mini trial. The Court found no illegality or impropriety in the charge-sheet and cognizance/summoning order and dismissed the application, granting liberty to seek bail within 15 days and directing that no coercive action be taken against the applicants in the interim.

Neutral Citation No. - 2025:AHC:89942

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 14782 of 2025

Applicant :- Bachcha Lal Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rameshwar Singh Kushwaha 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.

The instant application under section 528 BNSS has been preferred to quash the charge-sheet no.456 of 2018 dated 26.06.2018 along with cognizance/summoning order dated 17.07.2018 as well as the entire proceedings of S.T. No.41 of 2018 (State vs. Bachcha Lal and Others) arising out of Case Crime No.92 of 2018, under sections 2/3 of U.P. Prevention of Damages to Public Property Act, 1986, P.S. Naini, District- Prayagraj, pending in the court of learned Special Judge, Gangster Act, Prayagraj.

Learned counsel for the applicants submitted that the applicants have not committed any anti-social activity and they were not involved in any anti-social activities, i.e., violence, threat or show of violence, intimidation or coercion with the object of disturbing public order, public peace or gaining any undue temporal, pecuniary, material, or other advantage, hence the proceedings initiated against the applicants under the Gangster Act is liable to be quashed by this Court. For substantiating his arguments and for highlighting the compliance of section 2b of Gangster Act, learned counsel for applicant relied upon the judgement rendered by coordinate Benches of this Court in case of Tej Singh and Others vs. State of U.P. and Another, decided on 24th April, 2019 in Criminal Misc. Application No.3239 of 2005 .

Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the entire arguments whatsoever has been raised by learned counsel for applicants is amenable at the stage of trial. It is further submitted by learned A.G.A. that the implication of applicants

initiated in respect of sections 2/3 of Gangster Act is only on the basis of criminal history which is mentioned in the gang chart of two cases, i.e., Case Crime No.302 of 2017, under sections 147, 148, 323, 352, 506 I.P.C. and Case Crime No.1119 of 2015, under sections 147, 452, 323, 352, 504, 506 I.P.C. and the same cannot be adjudicated by way of extending mini trial in favour of applicants.

After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, arguments made by learned A.G.A. seems to be justified and there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant.

In view thereof, the instant application under section 528 BNSS lacks merit and is hereby dismissed .

However, at the same time, it is made clear that liberty is hereby extended in favour of applicants for appearing before learned court concerned for seeking bail within 15 days from today, if the bail has been preferred by them within stipulated time, the same shall be considered on the same day, if possible. Till 15 days from today, no coercive action shall be taken against the applicants.

Order Date :- 27.5.2025 Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad