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2025 DAILYLAW 159128 (ALL)

BRAJ BHUSAN SINGH @ AYUSH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/6883/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6883 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1) Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2) Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the chargesheet No. 01 of 2023, dated 26.03.2023 filed in Case No. 78216 of 2023; State Vs. Braj Bhusan Singh @ Ayush, arising out of Case Crime No. 0015 of 2023, under Sections 323, 504, 506 IPC, Police Station BBD (Babu Banarasi Das), District Lucknow as we as entire proceedings in pursuance thereof. 3) Learned counsel appearing for the applicant submits that the applicant is innocent and were 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 by Hon'ble Supreme Court's judgment in the case of Versus Counsel for Applicant(s) : Bahar Ali, Akhtar Jahan Counsel for Opposite Party(s) : G.A. Braj Bhusan Singh @ Ayush .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5) Learned AGA 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) Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8) The application is disposed of accordingly. August 26, 2025 kkv/ A482 No. 6883 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench