Citation : 2023 Latest Caselaw 27530 ALL
Judgement Date : 6 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:64537 Court No. - 28 Case :- APPLICATION U/S 482 No. - 9705 of 2023 Applicant :- Shri Sanjeev Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Brij Bhushan Singh,Pranjal Apurva,Sandeep Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard Sri Brij Bhushan Singh, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned A.G.A. for the State as well as perused the record.
2. Instant application under Section 482 Cr.P.C has been filed with prayer to toquash the Chargesheet dated 05.04.2023 vide case crime number 0062/2023under Sections 354 (B), 452, 504 & 506 of the I.P.C. at police station Bheeti District- Ambedkar Nagar and the order of cognizance and summoning order dated 12.04.2023 passed by Learned Additional Civil Judge, J.D/J.M-3, Ambedkar Nagar.
3. 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.
4. 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.
5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.
6. 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).
7. The application is disposed off accordingly.
Order Date :- 6.10.2023
Mayank
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