Ram Sajivan Yadav @ Ram Sajivan vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 24563 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:58696
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 8777 of 2023
 

 
Applicant :- Ram Sajivan Yadav @ Ram Sajivan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
 
Counsel for Applicant :- Rana Pratap Singh,Naveen Mishra,Yageshwar Prasad Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

The advocates are abstaining from judicial work.

Heard learned counsel for the applicant, Shri Anirudh Kumar Singh, learned AGA-I for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the Chargesheet No. 59-A dated 10-05-2022, cognizance order dated 01-08-2022 and the bailable warrant order dated 20-05-2023 passed in SST No. 950 of 2022, Case Crime No. 414 of 2021, under sections 420,406 of I.P.C., Police Station-Salon, District-Raebareli, pending in the court of Special Judge, SC/ST Act, Raebareli.

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 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 :- 11.9.2023

AKS