Citation : 2024 Latest Caselaw 16209 ALL
Judgement Date : 8 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:35498 Court No. - 29 Case :- APPLICATION U/S 482 No. - 4242 of 2024 Applicant :- Mishree Lal Verma Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Applicant :- Pinki Sharma,Surya Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, Shri Nirmal 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 Charge sheet No. 01/2022 dated 08.10.2022 submitted by investigating officer against the applicant in FIR No. 196 of 2022 under Sections 308, 323, 504, 506 IPC Police Station Khargupur District Gonda with the further prayer to set aside the entire proceedings arising out of FIR No. 196 of 2022.
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.
(Renu Agarwal,J.)
Order Date :- 8.5.2024/Nadeem
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