Citation : 2023 Latest Caselaw 3913 ALL
Judgement Date : 7 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 1169 of 2023 Applicant :- Bheemsen And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Haridwar Singh (H.D.Singh ) Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants 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 for quashing the impugned charge sheet No. 0059 of 2020, dated 23.11.2021, under sections- 323, 504, 506, 324 I.P.C., Police Station- Bazar Shukul, District-Amethi, as well as summoning order dated 16.11.2022. passed by learned Judicial Magistrate, Court No.23, Sultanpur, in Criminal Case No. 618,2021, 'State Vs Bheemsen & Others', arising out of Case Crime No. 0059/2020, under section 323, 504,506 I.P.C. PS- Bazar Shukul, District -Amethi.
Counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants are not involved in committing the alleged offense as has been mentioned in the first information report.
At this stage, learned counsel for the applicants 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 applicants appear 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 :- 7.2.2023
Mayank
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