SHAILESH MISHRA @ SHAILESH KUMAR AND 2 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. MINISTRY OF HOMES LKO. AND 2 OTHERS
/6378/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155505 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155505 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45513
Court No. - 14 Case :- APPLICATION U/S 482 No. - 6378 of 2025 Applicant :- Shailesh Mishra @ Shailesh Kumar And 2 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Ministry Of Homes Lko. And 2 Others Counsel for Applicant :- Jaideep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned chargesheet as well as the summoning order dated 14-07-2025 passed by the learned Additional Chief Judicial Magistrate(A.C.J.M.) Court No. 20, Sultanpur in Case No. 226 of 2023, State Vs Krishna Gopal and Others, U/s 323,504,506,341,308 and 325 of the I.P.C., pending in the court of (A.C.J.M.) Court No. 20, Sultanpur.
Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. 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. 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 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). 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