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

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

What the court decided

AI extract

Outcome

Liberty to the applicant to appear before the court concerned within three weeks and move a bail application, to be considered and disposed of in terms of the Apex Court's guidelines in Satendra Kumar Antil; no coercive action against the applicant for three weeks; the order to be of no avail if no bail application is moved within that period.

Issue for consideration

Whether the impugned charge sheet no. 16 of 2019 dated 15.01.2019 and the cognizance order dated 07.01.2020, along with the entire proceedings arising out of Case Crime no. 0147 of 2018, should be quashed - a prayer relinquished by the applicant's counsel at the outset. +1 more

Ratio / Principle

In case the applicant appears before the court concerned within three weeks from the date of the order 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¶11
If no such bail application is moved within the time prescribed (three weeks), the order will be of no avail to the applicant.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 74), Saurabh Srivastava, J.; Neutral Citation 2025:AHC:75635; Order dated 9.5.2025. Application under Section 528 BNSS No. 4541 of 2025 by Raj Bihari sought quashing of charge sheet no. 16 of 2019 dated 15.01.2019 and cognizance order dated 07.01.2020 passed by the Additional Chief Judicial Magistrate, Court No. 15, Allahabad, in Case No. 76 of 2020 (State vs. Raj Bihari and others) arising out of Case Crime No. 0147 of 2018 under sections 147, 148, 283, 341 IPC and 7 Criminal Law Amendment Act, PS Shankargarh, District Prayagraj. Counsel for the applicant relinquished the quashing prayer and opted to move a bail application before the trial court per the Apex Court's guidelines in Satendra Kumar Antil v. CBI, (2021) 10 SCC 773; the AGA raised no objection. The Court directed that if the applicant appears before the concerned court within three weeks and moves his bail application, it shall be considered and disposed of in terms of those guidelines; no coercive action was to be taken against him for three weeks; and the order would be of no avail if no application was moved within that period. The application under Section 528 BNSS was accordingly disposed of.

Neutral Citation No. - 2025:AHC:75635

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 4541 of 2025

Applicant :- Raj Bihari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Dwivedi,Niraj Kumar Dwivedi 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 impugned charge sheet no. 16 of 2019 dated 15.01.2019 as well as cognizance order dated 07.01.2020 passed by learned Additional Chief Judicial Magistrate, Court no. 15, Allahabad in Case no. 76 of 2020 (State vs. Raj Bihari and others) arising out of Case Crime no. 0147 of 2018 under sections 147, 148, 283, 341 IPC and 7 Criminal Law Amendment Act, PS- Shankargarh, District Prayagraj pending in court of learned Additional Chief Judicial Magistrate, Court no. 15, Allahabad along with the entire proceedings of the aforesaid case.

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 under Section 528 BNSS stands disposed of.

Order Date :- 9.5.2025 Shaswat

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