Anurag Yadav vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 25438 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:59851
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 9013 of 2023
 

 
Applicant :- Anurag Yadav
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another
 
Counsel for Applicant :- Pravin Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Sri Vikas Vikram Singh, 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 Pravin Kumr Singh, learned counsel for the applicant, Sri Vikas Vikram Singh, learned counsel for the opposite party no. 2, Shri Sushil Kumar Pandey, learned AGA for the State and perused the record.

Instant application under Section 482 Cr.P.C has been filed to set aside the entire proceedings of Criminal Case No. 19681 of 2023,arising out of Chargesheet dated 18-11-2022, under sections 341,427 and section 506 of I.P.C., in FIR No. 223 of 2022, Police Station-Chowk, Commissionerate Lucknow pending before the learned Chief Judicial Magistrate-5, Lucknow.

Learned counsel appearing for the applicants submit 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).

Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

The application is disposed of accordingly.

Order Date :- 19.9.2023

AKS