Shiv Prakash Soni Alias Bablu ... vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 23850 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58177
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8703 of 2023
 

 
Applicant :- Shiv Prakash Soni Alias Bablu Sonar
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Sudha Sharma (Bhatt),Krishna Deep Sharma (Bhatt)
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant and Ms. Anjali Madhesia, 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 impugned order dated 21.7.2023 passed by the Learned Special Judge, SC/ST Act, Lucknow thereby rejecting the discharge application dated 16.6.2023 moved by the petitioner in pursuance to the order dated 23.5.2023 passed by this Hon'ble Court in Application Under Section 482 Cr.P.C, set aside the impugned chargesheet as well as impugned summoning order dated 17.6.2021 passed in S.T No. 1334 of 2021 arising out of case crime No. 274 of 2021, Under Section 406,504,120-B I.P.C & 3(2) Va SC/ST Act, Police Station-Chinhat, District-Lucknow and to stay the entire proceedings pending before the learned Special Judge SC/ST Act, Lucknow S.T No. 1334 of 2021 arising out of case crime No 274 of 2021, Under Section 406, 504,120-B I.P.C & 3(2) Va SC/ST Act, Police Station- Chinhat, 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).

The application is disposed off accordingly.

Order Date :- 29.8.2023

Anurag