Citation : 2025 Latest Caselaw 9196 ALL
Judgement Date : 26 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:50305 HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1058 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
Heard learned counsel for the applicants, Shri Girijesh Dwivedi, learned AGA for the State and perused the record.
Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the Charge Sheet dated 01/12/2024, file before Learned Court C.J. (JD) FTC, Sultanpur. Summoning order dated 18/02/2025, in Criminal Case No. 3818/2025 "State vs Vipin Kumar Mishra and other" FIR No. 326/2024, U/Ss. 115 (2), 352, 351(3), 110 of the BNS, Police Station-Lambhua, District- Sultanpur.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.
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.
Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.
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).
The application is disposed of accordingly.
August 26, 2025
AKS
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