Citation : 2023 Latest Caselaw 27909 ALL
Judgement Date : 10 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:65727 Court No. - 28 Case :- APPLICATION U/S 482 No. - 9880 of 2023 Applicant :- Dal Dapat Bahadur Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Raj Kumar Singh,Dharam Raj Singh 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 entire proceedings of Criminal Case No.5850 of 2023; State Versus Dal Dapat Bahadur Singh and others, arising out of Case Crime No.276 of 2022, under sections-147, 148, 149, 352, 452, 308, 323, 324, 504, 427 1.P.C., Police Station- Musafir Khana, District- Amethi, pending in the Court of learned Chief Judicial Magistrate, Court No.16, Sultanpur, as well as impugned chargesheet no.294/22, dated 30.12.2022 in aforesaid Case Crime Number.
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 of accordingly.
Order Date :- 10.10.2023/Manoj K.
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