Citation : 2023 Latest Caselaw 25696 ALL
Judgement Date : 20 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:60458 Court No. - 28 Case :- APPLICATION U/S 482 No. - 8918 of 2023 Applicant :- Manish Maurya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko And Another Counsel for Applicant :- Vijayendra Prakash Tripathi,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard SriVijayendra Prakash Tripathi, 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 quash the impugned order dated 21.08.2023 Passed by Additional Session Judge /F.T.C. Gonda under sections 323, 452, 504 of IPC at PS- Colonelganj District-Gonda and also to quash the order dated 28/10/2022 passed by Additional Civil Judge Junior Division Room No. 7 Gonda in Complaint Case no. 31272/2021 "Pawan Kumar versus Ramkesh And Others".
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 :- 20.9.2023
Mayank
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