Kamta Prasad Singh and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Kamta Prasad Singh and 3 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicants to appear before the trial court within two weeks and file a bail application, to be decided expeditiously in view of Satender Kumar Antil (supra); opportunity to move a discharge application raising all factual and legal pleas, to be disposed of by the trial court by a speaking and reasoned order in accordance with law.

Issue for consideration

Whether the applicants, who did not press the quashing application, should be granted liberty to appear before the trial court within two weeks, file a bail application, and thereafter move a discharge application raising all available factual and legal pleas.

Court's answer

If the applicants appear before the trial court within two weeks and file a bail application, it shall be decided expeditiously in view of the law laid down in Satender Kumar Antil (supra).

Ratio / Principle

The applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all factual and legal pleas available to them, and the trial court shall dispose of such application by a speaking and reasoned order strictly in accordance with law.

Detailed headnote1 paragraphs

Application U/S 482 (No. 3589 of 2026, High Court of Judicature at Allahabad, Lucknow Bench, Shree Prakash Singh, J.) seeking quashing of Criminal Case No. 15088/2023 (State Vs. Kamta & others), arising out of Case Crime No. 313/2020 under Sections 452, 427, 504, 506, Police Station Baskhari, District Ambedkar Nagar, together with the charge sheet dated 03.10.2020 and summoning order dated 17.11.2023 passed by the Chief Judicial Magistrate, Ambedkar Nagar, was not pressed by counsel. The application was disposed of with: (i) liberty to the applicants to appear before the trial court within two weeks and file bail applications, to be decided expeditiously in view of Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51; and (ii) an opportunity to move a discharge application raising all factual and legal pleas, which the trial court shall dispose of by a speaking and reasoned order strictly in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3589 of 2026

Kamta Prasad Singh And 3 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Pradeep Kumar Singh Vats Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

Instant application has been filed with the prayer to quash the entire proceeding of Criminal Case No. 15088/2023 State Vs. Kamta & others arising out of Case Crime No. 313/2020U/S-452, 427, 504, 506 LP.C. Police Station Baskhari, District Ambedkar Nagar Charge Sheet dated 03.10.2020 as well as summoning order dated 17.11.2023 passed by the Chief Judicial, Magistrate, Ambedkar Nagar, in the interest of justice.

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the trial court.

At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

Learned A.G.A. has no objection to the prayer made by learned counsel

A482 No. 3589 of 2026

2

(Shree Prakash Singh,J.)

for the applicants.

On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

April 29, 2026 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench