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2025 DAILYLAW 159321 (ALL)

RAJESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1042/2025 · 2025-08-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1042 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. Instant application has been filed with prayer to quash the summoning order dated 22.07.2025 in Crl. Case No. 4675 of 2025 arises chargesheet no. 1 dated 21.4.2025 of Case Crime No. 0009 of 2025 under sections- 334(2), 324(2) and 316(2) BNS at P.S. Jaisinghpur District-Sultanpur. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report. 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 Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. 5. Learned A.G.A. 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 Versus Counsel for Applicant(s) : Ghanshyam Verma, Subhanshu Mishra Counsel for Opposite Party(s) : G.A. Rajesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 legal and factual pleas which may be available to them, 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 off accordingly. August 26, 2025 Mayank NA528 No. 1042 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench