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2025 DAILYLAW 154646 (ALL)

AMARNATH TIWARI AND AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/858/2025 · 2025-07-29

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43885 Court No. - 29 Case :- APPLICATION U/S 528 BNSS No. - 858 of 2025 Applicant :- Amarnath Tiwari And And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dr.Surya Prakash Mishra,Anand Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 2. The present application under Section 482 Cr.P.C./ Section 528 B.N.S.S. has been filed for the following main relief:- "For the facts, reasons and circumstances as stated in the accompanying petition, duly supported with an affidavit, it is, most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of B.W. dated 16.06.2025 and entire proceeding of Criminal Case No.1848/2025, arising out of Case Crime No. 0287/2024, U/s 419, 420 I.P.C., Police Station-Aalapur, District Ambedkar Nagar (so far it relates to the petitioners), pending in the court of learned Additional Chief Judicial Magistrate, Ambedkar Nagar, during the pendency of the instant petition, in the interest of justice." 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicants 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 applicants. 6. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear 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 case of Satender Kumar Antil (supra). 7. The application is disposed off accordingly. Order Date :- 29.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench