UMESH KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HHOME LKO. AND 2 OTHERS
CRLA/1798/2025 · 2025-06-12
Rajeev Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 146133 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146133 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35430 Court No. - 11 Case :- CRIMINAL APPEAL No. - 1798 of 2025 Appellant :- Umesh Kumar And Another Respondent :- State Of U.P. Thru. Prin. Secy. Hhome Lko. And 2 Others Counsel for Appellant :- Subodh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record. 2. Criminal Appeal has been filed under Section 14-A(1) SC/ST Act against cognizance and summoning order dated 24.09.2024 passed by Special Session Judge SC/ST Act, District Lakhimpur Kheri in Case No. 205 of 2024, case crime No. 197 of 2024 under Sections 323, 504, 506, 308 IPC and Sections 3(1)(DA), 3(1)(DHA) & 3(2)(5A) of SC/ST Act of P.S. Mitauli, District Kheri and the impugned charge-sheet dated 25.06.2024. 3. After arguing the matter at some length, learned counsel for the appellants submits that he does not want to press this application on merit and he confines his prayer only to the extent that appellants may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law. 4. Learned A.G.A. has no objection in grant of aforesaid prayer. 5. At this stage only prima-facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the cases of
"R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843". 6. Therefore, in the view of the facts and circumstances, the prayer for quashing of the charge-sheet is hereby quashed. 7. A seven judges Bench of this Court in the case of "Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290
and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications.
The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously. 8. In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its
judgment and order dated 20.04.2021 has observed the common deficiencies which occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not
disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.
9. Further, as the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing
consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
10. In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the appellants, the application is disposed of with a direction to the court concerned that if the appellants apply for bail before the court concerned within 30 days from today, their prayer for bail shall be considered and decided expeditiously in accordance with law.
11. For a period of 30 days from today or till the appellants apply for bail, whichever is earlier, no coercive action shall be taken against the appellants in the aforesaid case.
Order Date :- 12.6.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench