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2025 DAILYLAW 155724 (ALL)

MANTASHA SAGEER AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/6343/2025 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45572 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6343 of 2025 Applicant :- Mantasha Sageer And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Amit Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant 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 to quash the impugned charge-sheet dated- 20.07.2024 submitted in FIR No- 0238 of 2024 U/s 323, 504 & 506 IPC, Police Station- Baghauli, District-Hardoi (State of U.P. Vs. Mantasha Sageer & Other) upon which Learned CJM District Hardoi took cognizance and summoned the applicants vide impugned summoning order dated 12.12.2024. Certified copies of the impugned charge sheet dated-20.07.2024 are being annexed herewith as Annexure No.1 & 2 respectively to this application/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. 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