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2025 DAILYLAW 157856 (ALL)

RAM PRASAD AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6764/2025 · 2025-08-19

Shree Prakash Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48430 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6764 of 2025 Applicant :- Ram Prasad And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajaiy Kumar Mishra,Kapil Dev Chaubey,Sanjay Chaubey 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./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the impugned chargesheet dated 20-06- 2024 and summoning order dated 20-09-2024, in Case No. 1494 of 2024, Crime No. 113 of 2024, u/s 452,323,324,506,308 of the I.P.C., Police Station- Mailani, District-Lakhimpur Kheri. 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 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 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 :- 19.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench