SUNEEL AND 10 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/909/2025 · 2025-08-05
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DailyLaw.ai
[ 2025 DAILYLAW 156278 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156278 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45743 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 909 of 2025 Applicant :- Suneel And 10 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Jiyauddeen,Anand Pratap Singh 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 entire proceedings of Case No. 706 of 2025; State of U.P. Vs. Suneel and 10 others, including summoning
order dated 08.04.2025 and NBW issued on 16.07.2025 by CJM, Sitapur as well as chargesheet No. 01 of 2025, dated 06.03.2025 filed in Case Crime No. 38 of 2025, under Sections 191(2), 191(3), 115(2), 352, 351(2), 110 of BNS, Police Station Hargaon, District Sitapur.
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 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