Citation : 2023 Latest Caselaw 5457 ALL
Judgement Date : 17 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 1586 of 2023 Applicant :- Rajju @ Mukhtar Alam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Syed Aftab Ahmad,Noor Alam Khan,Shrikant Tripathi 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 a prayer to quash the charge sheet bearing No.75 of 2014 dated 11.07.2014 as well as entire proceedings of Criminal Case no. 1120 of 2016 arising out of Case Crime No.81 of 2014, under section 354, 323, 452, 504, 506 IPC registered at PS-Katra Bazar, District-Gonda along with summoning order 04.08.2021 passed by Civil Judge,(J.D.)/F.T.C/-IInd, Gonda.
Learned 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 were not involved in committing the alleged offence 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 file 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 :- 17.2.2023/Mayank
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