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2025 DAILYLAW 194908 (ALL)

SHYAM BABU AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1883/2025 · 2025-11-21

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1883 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been filed mainly with a prayer to quash the entire proceedings of Criminal/Sessions Case No. 10643 of 2025, State v. Shyam Babu & ors., arising out of Chargesheet No. 208 of 2025 dated 21.05.2025 in pursuance of Case Crime No. 145 of 2025 under Sections 115(2) 352, 351(3), 76, 324(4), B.N.S. for Applicant No. 1 and under Section 351(3), 352, B.N.S. for Applicant Nos. 2 and 3, relating to Police Station Kotwali Ayodhya, District Ayodhya, pending before the learned Chief Judicial Magistrate, Ayodhya, as well as summoning order dated 29.05.2025 passed by the learned Chief Judicial Magistrate, Ayodhya, (contained as Annexure Nos. 1 and 2 to the instant application). 3. After arguing the matter at some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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. Considering the arguments of learned counsels for the parties and going Versus Counsel for Applicant(s) : Amit Tripathi Counsel for Opposite Party(s) : G.A. Shyam Babu And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) through the record, it cannot be said that no offence is made out against applicants and all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C. 6. 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". 7. Therefore, in the view of the facts and circumstances, the prayer for quashing of the charge-sheet is hereby quashed. 8. 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. 9. 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. NA528 No. 1883 of 2025 2 10. 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. 11. 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 applicants, the application is disposed of with a direction to the court concerned that if the applicants 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. 12. For a period of 30 days from today or till the applicants apply for bail, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. November 21, 2025 A.Nigam NA528 No. 1883 of 2025 3 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench