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2025 DAILYLAW 139655 (ALL)

KANHAIYA LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/3986/2025 · 2025-05-15

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28708 Court No. - 29 Case :- APPLICATION U/S 482 No. - 3986 of 2025 Applicant :- Kanhaiya Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arvind Kumar Gautam,Abhishek Yadav,Raj Kumar,Virendra Kumar Bhasker Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed with the prayer to set aside the summoning order dated 05.08.2021 passed by learned Civil Judge(JD)/FTC, Naveen Gonda and chargesheet No. 01 of 2019 dated 16.08.2019 as well as entire criminal proceedings of Criminal Case No.9814 of 2021 (State Vs. Ram Shankar Paswan and others), arising out of Case Crime No.0160 of 2019, under Sections 323, 147, 308 IPC, Police Station Chhapiya, District Gonda. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the First Information Report. He added that due to enmity, his name has been planted in the First Information Report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 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's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Learned AGA for the State 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 of accordingly. Order Date :- 15.5.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench