Kamlesh vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 5483 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 
Case :- APPLICATION U/S 482 No. - 1579 of 2023
 

 
Applicant :- Kamlesh
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
 
Counsel for Applicant :- Mahesh Kumar Sharma,Akhilesh Kumar Sharma,Madan Lal
 
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 a prayer to quash the entire proceedings of the Criminal Case No.6654 of 2022 arising out of Case Crime No.157 of 2019 Under Section 2/3 Prevention of Damage to Public Property Act,1984 Police Station-Behta Gokul District-Hardoi pending in the Court of Judicial Magistrate-II, Hardoi and impugned Bailable Warrant (B.W.) order dated 13.1.2023 as well as impugned charge sheet dated 24.7.2019.

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 :- 17.2.2023/Mayank