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2025 DAILYLAW 155849 (ALL)

BAJRANGI SINGH AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/6335/2025 · 2025-08-06

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45849 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6335 of 2025 Applicant :- Bajrangi Singh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shishir Pradhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this instant petition under section-482 Cr. P.C. and quash impugned summoning order dated 16.05.2022 passed by the court of learned Chief Judicial Magistrate, Gonda and charge-sheet dated 08.08.2020 as contained in Annexure No. 1 & 2 in Case No. 19207 of 2022 (State Versus Bajrangi Singh and others) relating Case Crime No. 252/2020, Under Section-323, 504 & 452 I.P.C., Police Station- Karnailganj, District-Gonda. It is further prayed that kindly set-aside the N.B.W. order dated 01.01.2025 passed by the court of learned Chief Judicial Magistrate, Gonda, as contained in Annexure No. 5, in the interest of justice. Further, it is most humbly prayed from this Hon'ble Court that to stay the further proceedings as pending against the present applicants in the learned court of Chief Judicial Magistrate, Gonda during the pendency of present application as under section-482 Cr. P.C." 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). It is further provided that the non-bailable warrant issued against the applicants shall remain stayed for the period of fifteen days only. 7. The application is disposed off accordingly. Order Date :- 6.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench