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Neutral Citation No. - 2025:AHC:146421 Court No. - 89 Case :- APPLICATION U/S 482 No. - 41230 of 2024 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Srivastava,Vipul Singh Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J.
1. The case is taken up on mentioning.
2. Heard Sri Anil Kumar, Advocate, holding brief of Sri Prateek Srivastava, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned A.G.A. for the State-opposite party no.1.
3. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire criminal proceeding of the Criminal Case No.463 of 2019 (State Vs. Rakesh Kumar), arising out of Case Crime No.170 of 2018, under section 420 IPC and section 15 Indian Medical Council Act, 1956, Police Station Ghorawal, District Sonbhadra as well as charge sheet dated 26.11.2018 and cognizance/summoning order dated 09.04.2019, passed by the Chief Judicial Magistrate, Sonbhadra.
4. After some arguments learned counsel for the applicant is confining his prayer for issuance of a direction to the court concerned to consider the bail application of the applicant, as expeditiously as possible in accordance with law. 5 On the other hand, learned A.G.A. for the State has opposed the above submissions of learned counsel for the applicant and submitted that learned trial court has rightly passed the order dated
09.04.2019.
6. In view of the above facts and circumstances of the case, it is
directed that if the applicant surrender/appear before the learned trial court within three weeks from today and apply for bail application, then his bail application, shall be heard and decide by the trial court concerned, expeditiously in accordance with the judgement and order of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022.
7. Till the aforesaid period of three weeks or till the is surrender/appear before the learned trial court, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
8. With the aforesaid direction, the present application is hereby
disposed of.
Order Date :- 23.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad