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2025 DAILYLAW 156457 (ALL)

RAM GOPAL TIWARI @ RAM GOPAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

A482/6431/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46758 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6431 of 2025 Applicant :- Ram Gopal Tiwari @ Ram Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Ruby Maurya Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. 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 criminal proceeding of Case No.482/2021, arising out of Case Crime No.0228/1999 (State Vs. Ram Kumar and others) under Sections 419, 420, 467, 468 and 471 IPC lodged at Police Station Bhinga, District Shravasti as well as to quash the order dated 22.07.2025 passed by the learned Chief Judicial Magistrate, Shravasti in the aforesaid case by means of which non-bailable warrant/proceeding U/s 82 CrPC have been issued against the applicant. 3. 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. 4. 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 down by the Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned AGA for the State has no objection to the prayer made by learned counsel for the applicant. 6. 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). 7. 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. 8. The application is disposed of accordingly. [Shree Prakash Singh,J.] Order Date :- 11.8.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench