Bhallo @ Ishtiyaq vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21267 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52231
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7690 of 2023
 

 
Applicant :- Bhallo @ Ishtiyaq
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Mohd. Shahid Akhtar,Pankaj Kumar Tripathi
 
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 to quash the entire proceedings of proceeding of Criminal Case No. 83881 of 2019; (State Vs. Ishtiyaq @ Bhalloo) in pursuance of Charge Sheet No. 02 of 2017 dated 15.01.2017 arising out of Case Crime No. : 153A of 2016, Under Section : 323, 504, 352 I.P.C. Police Station : Gosaiganj, District: Lucknow, as well as bailable warrant dated 01.06.2023 passed by learned Chief Judicial Magistrate VIth, Court No. 30, Lucknow.

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 :- 8.8.2023

Anurag