Barsati And 5 Others vs State Of U.P. Thru. Addl. Chief Secy. ...
2025 Latest Caselaw 4325 ALL

Allahabad High Court

Barsati And 5 Others vs State Of U.P. Thru. Addl. Chief Secy. ... on 8 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:46452
 
Court No. - 14
 

 
Case :- APPLICATION U/S 482 No. - 6426 of 2025
 

 
Applicant :- Barsati And 5 Others
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Prabhat Kumar Ojha,Sujit Kumar Ojha
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Heard learned counsel for the applicants and 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 for quashing of the entire proceedings of the case and order dated 12.09.2022 passed by Chief Judicial Magistrate, Pratapgarh and Charge sheet No. 01 of 2022 dated 05.08.2022 arising out of Case Crime No.314 of 2022, under Sections 147, 323, 504, 506, 427, 452 IPC, Police Station - Kandhai, District - Pratapgarh, pending in the court of Chief Judicial Magistrate, Pratapgarh.

3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

4. At this stage, learned counsel for the applicants 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 applicants.

6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

7. Further, the applicants 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 them, 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.

8. The application is disposed off accordingly.

Order Date :- 8.8.2025

V. Sinha