Vishwa Deep Shukla vs State Of U.P. Thru. Addl. Chief Secy. ...
2025 Latest Caselaw 4345 ALL

Allahabad High Court

Vishwa Deep Shukla 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:46454
 
Court No. - 14
 

 
Case :- APPLICATION U/S 528 BNSS No. - 918 of 2025
 

 
Applicant :- Vishwa Deep Shukla
 
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Rakesh Kumar Agarwal,Anupriya Agarwal,Pradeep Kumar Mishra,Saksham Agarwal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.
 

1. Shri Firoz Ahmand Khan, Advocate has put in appearance by filing Vakalatnama on behalf of the complainant and the same is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

3. Instant application under Section 482 Cr.P.C/Chief Judicial Magistrate, Balrampur has been filed with prayer for quashing of the entire proceedings of the case and order dated 01.03.2025 passed by Court of Learned Chief Judicial Magistrate, Balrampur and Charge sheet No. 117 of 2025, dated 09.08.2024 arising out of Case Crime No.0420 of 2019, under Sections 85, 115(2), 352 B.N.S and 3/4 of Dowry Prohibition Act, Police Station - Kotwali Dehat, District - Balrampur, pending in the court of Chief Judicial Magistrate, Balrampur.

4. 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.

5. 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.

6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

7. 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).

8. 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 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.

9. The application is disposed off accordingly.

Order Date :- 8.8.2025

V. Sinha