Neutral Citation No. - 2025:AHC-LKO:45540 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 864 of 2025 Applicant :- Santosh Kumar Mishra @ Santosh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajneesh Tiwari,Amar Singh Counsel for Opposite Party :- G.A.,Anand Pal Singh Hon'ble Shree Prakash Singh,J. 1. Shri A.P. Singh Vishen, Advocate has put in appearance by filing Vakalatnama on behalf of opposite party no.2, the same is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State, Shri A.P. Singh Vishen, learned counsel for opposite party no.2 and perused the record. 3. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "That for the facts, reasons and circumstances stated in the accompanying an affidavits it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Charge Sheet dated 30.12.2024 bearing Charge Sheet No. 01 of 2024, impugned cognizance and summoning order dated 28.05.2025 passed by Chief Judicial Magistrate, District-Gonda, U/s 419, 420, 506 I.P.C relating to F.I.R No./Case Crime No. 521/2024, Police Station-Kotwali Nagar, District- Gonda, as well entire proceeding of the Case No. 14763 of 2025 (State Versus Ramkuber Dwivedi and Others) pending in Court of Chief Judicial Magistrate, District-Gonda, in so far as it relates to the applicant, as contained in Annexure No. 1 and 2 respectively to this petition, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 14763 of 2025 (State Versus Ramkuber Dwivedi and Others) pending in Court of Chief Judicial Magistrate, District-Gonda, in so far as it relates to the applicant, in the interest of justice" 4. 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. 5. 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. 6. Learned A.G.A. as well as learned counsel for opposite party no.2 has no objection to the prayer made by learned counsel for the applicant. 7. 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). 8. Further, the applicant 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. 9. The application is disposed off accordingly. Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench