Ashok Kumar vs State Of U.P Thru. Prin. Secy. Home ...
2023 Latest Caselaw 12642 ALL

Citation : 2023 Latest Caselaw 12642 ALL
Judgement Date : 24 April, 2023

Allahabad High Court

Ashok Kumar vs State Of U.P Thru. Prin. Secy. Home ... on 24 April, 2023

Bench: Shree Prakash Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 3973 of 2023
 

 
Applicant :- Ashok Kumar
 
Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Govt. Lko. And Another
 
Counsel for Applicant :- Hanumant Lal Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the impugned N.B.W. order dated 25-03-2021 passed by the Special Judge, S.C./S.T. Acat, Lucknow and the summoning order dated 29-11-2019 passed by the Special Judge, S.C./S.T. Act, Lucknow in Special Trial No. 468/2019, Crime No. 1170/2019, under sections 406 & 420 I.P.C., Police Station-Gomti Nagar, District-Lucknow and the Chargesheet dated 18-11-2019.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

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 applicants.

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 of accordingly.

Order Date :- 24.4.2023

AKS