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2025 DAILYLAW 134908 (ALL)

ABHAY DWIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/3322/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22126 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3322 of 2025 Applicant :- Abhay Dwivedi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ravindra Kumar Singh 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. The present application under Section 482 of Cr.P.C. has been filed by the applicant with the prayer to quash the proceedings of Case No.112855 of 2024, arising out of Case Crime No.818 of 2019, under Sections 354, 354kha and 506 of I.P.C., P.S. Vibhutikhand, District-Lucknow as well as charge sheet and summoning order dated 21.11.2024. 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 and willing to surrender before the Trial Court and in case, applicant files an application for bail, his bail application may be considered and disposed of in view of law laid down by the 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 A.G.A. 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 apply for bail, his bail applications be considered and disposed of in view of law laid down by the 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 disposed off. Order Date :- 18.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench