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2025 DAILYLAW 154021 (ALL)

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

/6201/2025 · 2025-08-05

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45266 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6201 of 2025 Applicant :- Vikas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manvendra Singh 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./528 of the B.N.S.S., has been filed with the prayer to quash the entire proceedings of Criminal Case No. 93392 of 2024, arising out of Crime No. 535 of 2022, State Vs Sajan @ Anuj Rawat & Others, U/s 323,452,506 of the I.P.C., Police Station-PGI, District-Lucknow as well as the chargesheet No. 01 dated 06-01-2023 filed in above mentioned case, pending in the court of learned Chief Judicial Magistrate Court, Lucknow and the impugned summoning order dated 25-09-2024 passed by the learned trial court after taking cognizance on the chargesheet filed by the Investigating Officer. 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 A.G.A. has no objection to the prayer made by learned counsel for the applicants. 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 considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. Order Date :- 5.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench