DEEPAK KUMAR SAINI AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER
/6382/2025 · 2025-08-05
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[ 2025 DAILYLAW 156051 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156051 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45753 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6382 of 2025 Applicant :- Deepak Kumar Saini And 3 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Prince Singh,Dinesh Chandra 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 NBW issued on 21.07.2025 by ACJM-III, Lucknow in Case No. 127450 of 2023; State of U.P. Vs. Deepak Saini and others, arising out of Case Crime No. 115 of 2023, under Sections 498-A, 323, 506 IPC and Section 3/4 of D.P. Act, Police Station Talkatora, District Lucknow as well as entire proceedings in pursuance thereof.
Learned counsel appearing for the applicants submits that the dispute relates to matrimonial in nature and the applicants are innocent and were never involved in committing the offence as has been mentioned in the First Information Report and they have been roped in the FIR being relatives of the husband 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 AGA for the State 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). It is further provided that if the Judgment of Satender Kumar Antil (supra) is available in the facts of the case, the case of the applicants shall be considered for the same and the Non-bailable Warrant issued against the applicants, would not be given effect for 15 days. The application is disposed of accordingly.
Order Date :- 5.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench