Sartaz Khan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23286 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56640
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8455 of 2023
 

 
Applicant :- Sartaz Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt Lko And Another
 
Counsel for Applicant :- Sachin Shukla
 
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 impugned order of Non-Bailable Warrant dated 15.4.2023, passed by the learned Additional District Judge, POCSO-II, Lucknow, in Sessions Trial No.614 of 2015; State Versus Mohd. Meraj and others, arising out of Case Crime No. 109 of 2015, under sections- 352, 504 I.P.C., relating to Police Station- Thakurganj, District- 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).

It has been prayed that the present applicant is a very poor person and therefore the trial Court may be directed to fix minimum amount of sureties.

As per the aforesaid, it is provided that if the present applicant surrenders and seeks bail and if the same is granted, sureties of amount of Rs. 20,000/- shall be accepted.

The application is disposed off accordingly.

Order Date :- 24.8.2023

Anurag