AZAD ALI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/6517/2025 · 2025-08-13
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157053 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47519 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6517 of 2025 Applicant :- Azad Ali And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Durgesh Kumar Pathak 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 has been filed to quash the chargesheet No. 01, in Case No. 2483 of 2023; State Vs. Saleem and another, arising out of Case Crime No. 646 of 2022, under Sections 363, 452 and 323 IPC, Police Station Motipur, District Bahraich and summoning order dated 23.01.2023 as well as entire proceedings in pursuance thereof.
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 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). The application is disposed of accordingly.
Order Date :- 13.8.2025/kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench