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2025 DAILYLAW 157490 (ALL)

WAHID @ WAHEEDUZZAMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6632/2025 · 2025-08-14

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47670 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6632 of 2025 Applicant :- Wahid @ Waheeduzzama Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arshad Jameel,Mohammad Naseem 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., has been filed with the prayer to quash the entire proceedings of Non Bailable Warrant order dated 22-01-2025 passed by the Hon'ble Judicial Magistrate-A.T.S., Ditrict-Lucknow in Crime No. 106/2013, arising out of F.I.R. No. 185 of 1989, U/s 406/427 of the I.P.C., Police Station- Saadatganj, District-Lucknow. 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 considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. Order Date :- 14.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench