SUNEEL KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/2045/2025 · 2025-03-07
Om Prakash Shukla
body2025
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[ 2025 DAILYLAW 126777 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 126777 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:14044 Court No. - 30 Case :- APPLICATION U/S 482 No. - 2045 of 2025 Applicant :- Suneel Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Gauri Suwan Pandey,Pradeep Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J.
1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.
2. The present application has been filed for the following main relief:-
"To quash the charge sheet dated 30.12.2023 including order dated 20.03.2024 taking cognizance and summoning order passed by J.M. II Lucknow in case State Versus Suneel Kumar arising out of Case No. : 40392 / 2024 Crime No. 166/ 2023 Under Sections 406, 506 I.P.C. P.S. Hasanganj Lucknow."
3. After arguing at some length, learned counsel for the applicant has submitted that present application may be dismissed as not pressed with liberty to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.
4. Learned AGA has no objection to the prayer made by learned counsel for the applicant.
5. Keeping in view the aforesaid, the present application is dismissed as not pressed with liberty as prayed for and with a direction to the court below that if the applicant appears before the trial court concerned within two weeks from today and applies for bail, his prayer for bail shall be considered and decided expeditiously in accordance with law.
6. Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously preferably within a period of two months in accordance with law, by the concerned trial court.
7. With the aforesaid observations, the present application is disposed of. Order Date :- 7.3.2025/ Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench