Deepak Gupta @ Ram Chandra Gupta vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 9829 of 2022
 

 
Applicant :- Deepak Gupta @ Ram Chandra Gupta
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. U.P. Lko. And Another
 
Counsel for Applicant :- Dileep Kumar Yadav,Mohd. Shahid Akhtar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri Ajay Singh Tomar, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the entire proceedings of Criminal Case No.16234 of 2021; State versus Mayur Mohan Srivastava and others, arising out of Case Crime No.29 of 2021, under Sections 420 and 406 IPC, Police Station - Ghazipur, District - Lucknow along with Non-Bailable Warrant dated 03.11.2022 and summoning order dated 17.11.2021 and supplementary charge sheet No.3, dated 16.05.2022, pending in the court of learned Chief Judicial Magistrate (C), Lucknow.

Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He next added that the present applicant was not named in the first charge sheet and he was chargesheeted by way of second supplementary charge sheet. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

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 of accordingly.

Order Date :- 3.1.2023

KR