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2025 DAILYLAW 156907 (ALL)

RAM PRASAD VIND v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND ANOTHER

A482/6512/2025 · 2025-08-11

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46937 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6512 of 2025 Applicant :- Ram Prasad Vind Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And Another Counsel for Applicant :- Manoj Kumar Nishad,Pradeep Kumar Shukla 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 has been filed to quash the chargesheet No 5, dated 31.07.1989 filed in Criminal Case No. 38 of 2024, State Vs. Ashok Kumar Singh and others, arising out of Case Crime No. 77 of 1989, under Sections 440, 427, 504, 506 IPC, Police station Kadipur, District Sultanpur and bailable warrant dated 15.02.2010 and 04.07.2025 as well as entire proceedings in pursuance thereof. 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 AGA has no objection to the prayer made by learned counsel for the applicant. 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 file 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 :- 11.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench