Citation : 2023 Latest Caselaw 22632 ALL
Judgement Date : 21 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:55394 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8211 of 2023 Applicant :- Suresh Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Civil Sectt. U.P. Lko. And Another Counsel for Applicant :- Jai Pratap Singh 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 set aside the entire proceedings of Criminal case no. 1401 of 2021 arising out of Case Crime no. 209 of 2021, under section 147, 452, 323, 504, 506, 325 I.P.C, State versus Suresh Kumar and others, police station Purwa, District-Unnao and further be pleased to set aside the order dated 12.08.2021 and consequential order dated 03.06.2023 passed by the Judicial Magistrate, Purwa, District- Unnao, whereby bailable warrant has been issued.
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 :- 21.8.2023
Anurag
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