BALIKARAN @ BALIRAM AND AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3265/2025 · 2025-03-04
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12517 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31808 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3265 of 2025 Applicant :- Balikaran @ Baliram And And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Dinesh Kumar Pandey, learned counsel for the applicants Sri Motilal, learned AGA for the State
2. This is an application under Section 482 of the Cr.P.C. has been preferred for quashing the charge sheet dated 29.08.2023 in Case No. 14879 of 2024 (State Vs. Shyam Karan and others), under Sections 147, 148, 323, 504, 506, 325, 308 IPC, arising out of Case Crime No. 0216 of 2023, P.S. Nautanwan, District Maharajganj and also the cognizance order dated 31.10.2023 pending in the Court of Judicial Magistrate, Maharajganj. 3. Learned counsel for the applicant has argued that a first information report stood lodged on 24.07.2023 under Sections 147, 148, 323, 506 IPC relatable to commission offences on 23.07.2023 by the applicants whereby they inflicted injuries upon the opposite party No. 2 faction but the nature of the injuries are simple. He further submits that it is nothing but an old rivalry which is hanging as a sword and further the opposite party No. 2 faction seeks to encroach upon a public utility land and only general allegations have been levelled without there being any specific allegations. He further submits that the present FIR is a counter blast as on 23.07.2024, the applicant faction have already lodged a first information report against the opposite party No. 2 faction under Sections 147, 323, 504, 506, 452 IPC read with Section 3(Gha) and 3(2)Va of the SC/ST Act. He further submits that just in order to wriggle out the impugned FIR has been lodged. The applicants are innocent. 4. Learned AGA, on the other hand, submits that from the narration of the allegations contained in the FIR lodged by the opposite party No. 2 and by the applicant, it is apparent that the incident took place on 23.07.2023 wherein opposite party No. 2
faction sustained injuries as well as four persons were extended injuries on the applicant's side. 5.
Having heard learned counsel for the applicant and learned AGA for the State, this Court is of the opinion that interference is not warranted in the present proceedings particularly when the defences are not to be seen at this stage. Apparently, injuries are there though the applicant may turn it to be simple in nature. Apart from the same, the issue relatable to the arguments sought to be advanced with respect to the fact that there is no specific allegations only general allegations have been levelled, these are the matter of defences which are to be taken into when the trial commences and the stage has not not yet arrived. 6. Accordingly, no case of interference is made out, the application is consigned to record. 7. Learned counsel for the applicants seeks direction for
consideration of his bail application in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021
8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay.
Order Date :- 5.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad