SANTOSH KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
/6367/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 151080 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151080 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45838 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6367 of 2025 Applicant :- Santosh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Dinesh Kumar Ojha 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 quash the summoning order dated 05.09.2023 passed by Additional Sessions Judge (POSCO Act), Pratapgarh as well as bailable warrant dated 17.10.2024 in Sessions Trial No. 1443 of 2024, arising out of Case Crime No. 316 of 2022, under Sections 147, 148, 149, 323, 504, 506, 427, 452 IPC and Section 3(1)(da) (dha), 3(2)(v)ka of SC/ST Act, Police Station Mandhata,District Pratapgarh as well as chargesheet No. 48 of 2023, dated 05.07.2023; State Vs. Rajendra Pratap Singh and others as well as entire proceedings in pursuance thereof.
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 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 file bail application, the same shall be decided expeditiously in view of law laid down in the cases of Satender Kumar Antil (supra) and Amanpreet Singh Vs. CBI through Director, 2021 SCC Online 941. The application is disposed of accordingly.
Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench