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2025 DAILYLAW 146441 (ALL)

NAUSHAD ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/1828/2025 · 2025-06-24

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 11 Case :- CRIMINAL APPEAL No. - 1828 of 2025 Appellant :- Naushad Ali Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Syed Raza Mehdi Counsel for Respondent :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for appellant, learned A.G.A. and perused the record. It is submitted by learned counsel for appellant that the FIR was lodged against the appellant with false allegation and without proper investigation charge sheet was filed by the Investigating Officer. On the basis of charge sheet, learned trial court has taken cognizance of offence which is erroneous, therefore, request to set aside the order passed by the trial court and also quash the entire proceedings of Sessions Trial No.1348 of 2021; State vs. Azad Ahmad and others. Learned counsel for appellant has restricted his argument and submits for issuing direction for bail in view of Satender Kumar Antil Vs. Central Bureau of Investigation and another, LL 2022 SC 577, decided on 11.07.2022. Learned A.G.A. has opposed the prayer of appellant. Considering the facts and circumstances of the case and submissions made by learned counsel for appellant as well as learned A.G.A. and perused the record, there appears no illegality in the order passed by trial court, therefore, no interference is required in this case. In case appellant moves an application for bail before the court below within a period of three weeks from today, it shall be heard and decided in view of law Satender Kumar Antil Vs. Central Bureau of Investigation and another, LL 2022 SC 577, decided on 11.07.2022. With the aforesaid, the appeal is disposed of finally. Order Date :- 24.6.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench