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2025 DAILYLAW 134693 (ALL)

DILEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. LKO. AND ANOTHER

A482/3291/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22169 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3291 of 2025 Applicant :- Dileep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. And Another Counsel for Applicant :- Sachin Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Applicant by means of present application u/s 482 has prayed for following relief: "It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 02.12.2024 passed by the learned Special Chief Judicial Magistrate, (Custom) Lucknow, in FIR No.288/2022, Criminal Case No.125260/2022 (State Vs. Gagan Kishor and others) in impugned Charge Sheet dated 08/09/2022, on the basis of the investigation in FIR No.288/2022, Under Section 452, 323, 354-B & 506 of IPC at P.S.-Gazipur, District Lucknow, in the interest of justice." 3. After some arguments, learned counsel for the applicant has made a statement at the Bar that he does not want to press other prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready to surrender before the trial court and in case, applicant files an application for bail, his bail application may be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773. 4. Per contra, learned AGA has opposed the prayer. 5. In view of the above statement, it is directed that in case, the applicant appears before the trial court within 30 days from today and applies for bail, his bail application be considered and disposed off in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil (supra) after hearing both the parties. 6. For a period of 30 days from today or till the applicant surrenders and moves such an application for bail, whichever is earlier, no coercive measure shall be taken against the applicant in the aforesaid case. 7. With the aforesaid observations, the application u/s 482 Cr.P.C. is finally disposed off. Order Date :- 18.4.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad, Lucknow Bench