Amit Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. Home ...
2025 Latest Caselaw 12054 ALL

Allahabad High Court

Amit Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. Home ... on 3 November, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:68554
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 8871 of 2025   
 
   Amit Kumar Srivastava    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Raj Priya Srivastava, Sanjay Kumar Srivastava   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 13
 
   
 
 HON'BLE SAURABH LAVANIA, J.     

Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present application has been filed by the applicant for the following main reliefs:-

"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Chargesheet No. 1 dated 31.03.2023 as well as impugned summoning order dated 26.05.2023 passed by Judicial Magistrate 1st Gonda, in Criminal Case No. 11122 of 2023 "State Versus Amit Kumar" arising out of Case Crime No. 0612/2022, under Section 420 and 406 IPC registered at Police Station-Kotwali Dehat, District-Gonda, pending before the Judicial Magistrate 1st, Gonda, contained as Annexure No. 1 and 2 to accompanying affidavit, in the interest of justice."

After arguing, at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court, which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine as also to prefer a discharge application before the court below and the same may be decided expeditiously after taking note of observations made in various pronouncements including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd. vs. State of U.P., (2024) 10 SCC 690.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously after taking note of observations made in various pronouncements, including the judgment passed by the Hon'ble Apex Court in the case of Delhi Race Club (1940) Ltd.

Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

(Saurabh Lavania,J.)

November 3, 2025

Jyoti/-