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2025 DAILYLAW 154368 (ALL)

VIPIN KUMAR SIKKA @ VIPIN KUMAR RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/6319/2025 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45494 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6319 of 2025 Applicant :- Vipin Kumar Sikka @ Vipin Kumar Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sarjoo Ram,Aklavya,Chandan Prasad,Mamta Rawat Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, Sri Aditya Tiwari, learned counsel for the opposite party no. 2 and learned A.G.A. for the State as well as perused the record. 2. Instant application under Section 482 Cr.P.C has been filed with prayer for quash and stay the Charge-Sheet dated 27.11.2022 submitted by the Investigating Officer against the applicant arising out of Case Crime No. 0322 of 2022, Under Section 504 & 507 of the Indian Penal Code, Police Station Murtiha, District Bahraich and summoning order dated 14.02.2023 passed by the Judicial Magistrate, 9th, Bahraich in Case No.9568 of 2023 (State Vs. Vipin Kumar Sikka) as well as entire proceeding of Case No.9568 of 2023 (State Vs. Vipin Kumar Sikka) arising out of Case Crime No. 0322 of 2022, Under Section 504 & 507 of the Indian Penal Code, Police- Murtiha, District Bahraich pending in the court of Judicial Magistrate, 9th, Bahraich. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. 4. 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. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 6. 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). 7. Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed off accordingly. Order Date :- 5.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench