Ramsumer vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramsumer vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of: 30-day protection from arrest; applicant to appear before the trial court and apply for bail before expiry of that period; bail application to be dealt with considering the principles in Siddharth (2022) 1 SCC 676, Satender Kumar Antil (2022) 10 SCC 51 and Aman Preet Singh (2022) 13 SCC 764; trial court also to consider release on interim bail.

Issue for consideration

Whether the accused-applicant, who was summoned under section 319 Cr.P.C. but not arrested during investigation, may be permitted to apply for bail before the trial court, with his liberty protected in the meantime. +1 more

Court's answer

The accused-applicant shall not be arrested for a period of 30 days; prior to expiry of that period he shall appear before the trial court and apply for bail.

Ratio / Principle

The bail application is to be disposed of considering the principles of law enumerated in Siddharth v. State of U.P. (2022) 1 SCC 676, Satender Kumar Antil v. C.B.I. (2022) 10 SCC 51 and Aman Preet Singh v. C.B.I. (2022) 13 SCC 764, which deal with the requirement of arrest of an accused not arrested during investigation.

Key takeaways

Before disposal of the bail application, the trial court shall also consider the release of the applicant on interim bail.ratio¶¶13
The court found there was no point of issuing notice to opposite party no.2 and proceeded to dispose of the application without such notice.obiter¶¶7

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 45121 of 2025, decided 17.11.2025: Ramsumer, an accused summoned under s.319 Cr.P.C. by order dated 04.02.2023 of the Additional Sessions Judge/Additional Judge (POCSO Act), Court No.9, Kaushambi in S.T. No. 77 of 2020 (arising out of case crime no. 220 of 2019 under ss.363, 366, 376(2) and 120B IPC, P.S. Kokhraj), had challenged the summoning order but confined his arguments to seeking permission to move a bail application before the trial court with his liberty protected. The application was disposed of with the following directions: (i) the applicant shall not be arrested for 30 days; (ii) before expiry of that period he shall appear before the trial court and apply for bail; (iii) the bail application is to be disposed of considering the principles of law in Siddharth v. State of U.P. (2022) 1 SCC 676, Satender Kumar Antil v. C.B.I. (2022) 10 SCC 51 and Aman Preet Singh v. C.B.I. (2022) 13 SCC 764, dealing with arrest of an accused not arrested during investigation; and (iv) the trial court shall also consider release of the applicant on interim bail. No notice was deemed necessary to opposite party no.2.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 45121 of 2025

Versus Ramsumer	.....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s) :	Kalyan Chandra Mishra G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri K.C.Mishra, learned counsel appears on behalf of the accused-applicant and submits that the accused applicant has been summoned by the court invoking section 319 Cr.P.C. by order dated 04.02.2023 passed by Additional Sessions Judge/ Additional Judge (POCSO Act), Court No.9, Kaushambi in S.T. No. 77 of 2020 arising out of case crime no. 220 of 2019 under Sections 363, 366, 376(2) Jha and 120B IPC, P.S. Kokhraj, District Kaushambi.He has challenged the impugned order but during the argument, learned counsel counsel confined his arguments and submits that he may be permitted to move bail application before the trial court and his liberty may be protected.

Learned AGA for the State is present.

There is no point of issuing notice to the opposite party no.2.

The application is disposed of .

The accused-applicant shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, he should appear

NA528 No. 45121 of 2025

2

before the trial court and apply for bail. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676 , Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764 , that deals with the requirement of arrest of the accused-applicant who has not been arrested during investigation.

The trial court before disposal of bail application, shall also consider the release of applicant on interim bail.

November 17, 2025

Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad