BRAJESH KUMAR @ SARVESH @ KARAN VERMA v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER
/6402/2025 · 2025-08-05
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[ 2025 DAILYLAW 156320 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156320 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45531
Court No. - 14 Case :- APPLICATION U/S 482 No. - 6402 of 2025 Applicant :- Brajesh Kumar @ Sarvesh @ Karan Verma Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Roshan Lal 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 quash the entire proceedings of criminal case no. 4034 of 2022, arising out of Case Crime No. 267 of 2022, under sections 406, 504, 419, 420 of the I.P.C., Police Station-Neemgaon, District-Kheri, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Kheri as well as the chargesheet dated 01-09-2022, alongwith summoning order dated 19-12-2022 and non bailable warrant dated 09-07-2025, passed by the Additional Chief Judicial Magistrate, Court No. 4, Kheri.
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). 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 applicant shall be considered for the same and the non bailable warrant issued against the applicant, would not be given effect for 15 days. 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