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2025 DAILYLAW 156190 (ALL)

KARAN KUMAR MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND ANOTHER

/6395/2025 · 2025-08-05

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45524 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6395 of 2025 Applicant :- Karan Kumar Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Another Counsel for Applicant :- Suresh Chandra Goswami,Abhishek Shukla,Bhupendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, 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 set aside and quash the order of cognizance dated 29-10-2024 as well as the bailable warrant dated 25-07-2025, passed in Case No. 106308 of 2024(State of U.P. Vs Karan Kumar Mishra) by the court of Chief Judicial Magistrate, Lucknow and the chargesheet dated 22-12-2023 alongwith whole of the proceedings of aforesaid case pertaining to Crime No. 277 of 2023, under sections 406 & 504 of the I.P.C., Police Station-P.G.I., district-Lucknow. Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. 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. 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 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). 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