RAJ KUMAR YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
/877/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155341 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45547 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 877 of 2025 Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Dharm Raj Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Shesh Mani Dubey who has filed power today on behalf of opposite party no. 2, which is taken on record as well as perused the record.
2. Instant application under Section 482 Cr.P.C has been filed with prayer for quashing entire proceedings arising out of Case Crime No. 49 of 2025 under Section 107 BNS, Police Station Mandhata, registered District Pratapgarh along with the impugned charge sheet and further may also be pleased to quash/ set-aside impugned Cognizance and Summoning order dated 30.06.2025 passed by the learned Additional Chief Judicial Magistrate, Room No.13, Pratapgarh contained as annexure No.1 to the petition.
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. and learned counsel for the opposite party no. 2 have 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/anticipatory 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 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 him, 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