Rakesh Kumar Kanaujiya vs State Of U.P. Thru. Secy. Home ...
2023 Latest Caselaw 10551 ALL

Citation : 2023 Latest Caselaw 10551 ALL
Judgement Date : 10 April, 2023

Allahabad High Court

Rakesh Kumar Kanaujiya vs State Of U.P. Thru. Secy. Home ... on 10 April, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 3404 of 2023
 

 
Applicant :- Rakesh Kumar Kanaujiya
 
Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrett. Lko. And Another
 
Counsel for Applicant :- Vinay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

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

Instant application under Section 482 Cr.P.C has been filed with prayer for quashing the order dated 01.02.2023 issuing Non Bailable Warrant, Summoning order dated 12.06.2017 passed by Additional Chief Judicial Magistrate Court no. 7, Lakhimpur Kheri and Charge sheet no.82/2015 dated 2.4.2015 in case no. 2431/2017 Crime No.1068/2013 U/s 406/506 IPC Police Station Gola, District Lakhimpur Kheri, styled as State Vs. Rakesh Kumar Kanaujiya.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

At this stage, learned counsel for the applicant 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 for the applicant.

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

The application is disposed off accordingly.

Order Date :- 10.4.2023

Mayank