BACHCHULAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
A482/2867/2025 · 2025-04-07
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131711 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131711 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19524 Court No. - 29 Case :- APPLICATION U/S 482 No. - 2867 of 2025 Applicant :- Bachchulal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Raj Narain Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C/ 528 B.N.S.S. has been filed for quashing the summoning order dated 12.08.2016, Case No.182 of 2016 and Case No.3000 of 2022 (Chhotey Lal Vs. Babu Lal and others), arising out of Application U/s 156 (3) of Cr.P.C. under Sections 420, 467, 468, 471, 504, 506, 392 IPC pending in the Court of Learned Judicial Magistrate, Safipur, District Unnao.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicant 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 in the case of Satender Kumar Antil Vs. 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 applicant.
On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files 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 off accordingly.
Order Date :- 7.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench