Citation : 2023 Latest Caselaw 2970 ALL
Judgement Date : 28 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- APPLICATION U/S 482 No. - 795 of 2023 Applicant :- Tilak Ram Shukla @ Jitendra Bahadur Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surya Narayan Mishra,Rajesh Shukla 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 for quashing of the entire proceedings in Criminal Case No.18370 of 2020, State versus Tilak Ram Shukla alias Jitendra Bahadur Shukla, arising out of Case Crime No.327 of 2020, under Sections 505(2) IPC and 67 of the Information Technology Act, Police Station - Mankapur, District - Gonda as well as charge sheet No.01 of 2020, dated 21.04.2021 and summoning order dated 18.08.2022.
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 :- 28.1.2023 / KR
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