Citation : 2026 Latest Caselaw 692 ALL
Judgement Date : 2 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:23118
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 2729 of 2026
Rajesh Kumar Gautam And Another
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Deepak Kumar
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, 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 Impugned Charge Sheet dated 15-09-2019 and cognizance/summoning order vide dated 15-09-2019 passed by Learned Additional Chief Judicial Magistrate-5, Unnao along with consequential proceeding arising out from Case Crime No.-127/2019 with the under Section - 504, 506 and 354 of I.P.C. Police Station:-Asiwan, District:-Unnao.
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 trial court.
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.
(Shree Prakash Singh,J.)
April 2, 2026
AKS
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