RATNESH KUMAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
A482/5167/2025 · 2025-06-27
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147265 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147265 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36742 Court No. - 9 Case :- APPLICATION U/S 482 No. - 5167 of 2025 Applicant :- Ratnesh Kumar Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Santosh Srivastava,Krishna Pratap Gupta Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. Heard learned counsel for the appellant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicant quashing of the charge-sheet dated 07.12.2021 and the impugned order dated 06.02.2023 passed by the court of Chief Judicial Magistrate, Court No. 16, Sultanpur and to quash the further proceedings of Criminal Case No. 1423 of 2023 arising out of Crime No. 239 of 2021, under Sections 420, 406 I.P.C., Police Station Kotwali Nagar, District Sultanpur, pending in the court of Chief Judicial Magistrate, Court No. 16, Sultanpur. After arguing at some length, learned counsel for the applicant confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicant, the same may be considered and decided expeditiously in accordance with law in light of
judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicant and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicant, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned Counsel for the parties, if the applicant appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).
With the aforesaid observations, this application is finally
disposed of.
Order Date :- 27.6.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench