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2025 DAILYLAW 128095 (ALL)

KAUSHAR ALI AND ANR. v. STATE OF U.P. THRU PRIN.SECY. HOME LKO AND ANR.

CRLA/813/2025 · 2025-03-11

Karunesh Singh Pawar

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14866 Court No. - 16 Case :- CRIMINAL APPEAL No. - 813 of 2025 Appellant :- Kaushar Ali And Anr. Respondent :- State Of U.P. Thru Prin.Secy. Home Lko And Anr. Counsel for Appellant :- Ashok Kumar,Chandra Prakash,Susheel Kumar Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for appellants as well as learned Additional Government Advocate for State. Notice to respondent No.2 is dispensed with in view of the proposed order. The present criminal appeal has been filed to quash the impugned order dated 3.6.2024 passed in case crime No.338 of 2023 under sections 323, 504, 506, 427 I.P.C., 3(1)(Da),3(1)(Dha) of SC/ST Act, P.S. Para, district Lucknow as also charge sheet dated 11.3.2024. Learned counsel for appellants after arguing for some time, submits that present appeal may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the appellants appear before the trial court within 20 days from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). The appeal is disposed of accordingly. Order Date :- 11.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench