Dileep Kumar And Another vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27880 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:65246
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9788 of 2023
 

 
Applicant :- Dileep Kumar And Another
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow And Another
 
Counsel for Applicant :- D.P. Dutt Tiwari,Bal Ram Jakhar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Akhand Kumar Pandey, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2 and the same is taken on record.

Heard Sri D.P.Dutt Tiwari, learned counsel for the applicants, Sri Akhand Kumar Pandey, learned counsel for the opposite party no. 2, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed with the prayer to quash/set aside the impugned Chargesheet No. 279 of 2022, dated 14-08-2022, arising out of Case Crime No. 0262 of 2022, under sections 308,504,506,352,324 of I.P.C., Police Station-Mahrajganj, District-Ayodhya and the entire proceedings of Criminal Case No. 1303 of 2022.

Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

At this stage, learned counsel for the applicants 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. as well as learned counsel for the opposite party no. 2 have no objection to the prayer made by learned counsel for the applicants.

On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicants appear before the trial court within two weeks from today and file 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 :- 10.10.2023

AKS