Citation : 2023 Latest Caselaw 1047 ALL
Judgement Date : 10 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 155 of 2023 Applicant :- Dhani Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. U.P. Civil Sectt. Lko. And Another Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar 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 quashing of the entire proceedings of Criminal Case No.13631 of 2022, State vs. Deshraj and others, arising out of the impugned chargesheet No. 01, dated 02.07.2022 filed in Case Crime No.0249 of 2022, under Sections 457, 323, 504, 506 and 308 IPC pertaining to Police Station - Kotwali Nanpara, District - Bahraich and and cognizance/summoning order dated 28.07.2022 passed by the Chief Judicial Magistrate, Bahraich against the applicant.
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 :- 10.1.2023
KR
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