MOHD. AMIL ANSARI v. THE STATE OF U.P. THRU.ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NA528/1065/2025 · 2025-08-27
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1065 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:-
"WHEREFORE, it is most humbly and respectfully prayed that the Hon'ble Court may kindly be pleased to set-aside the entire proceeding of Case No. 2043/2025 (State of U.P. Versus Mohd. Amil Ansari and others) arising out of impugned charge-sheet No. A-303/2024, dated 23.10.2024 filed by the investigating officer against the applicant/petitioner along with two other named co-accused persons in Case Crime No. 0279/2024, Under Section-316 (2), 115 (2), 352 & 351 (2) of B.N.S. Act, 2023, Police Station-Dargah Sharif, District-Bahraich and impugned cognizance/summoning order dated 10.02.2025 passed by the court of learned Additional Civil Judge (Junior Division)/Court No. 6/judicial Magistrate, Bahraich by which the present applicant/petitioner has been summoned for facing of trial under aforesaid sections, as contained in Annexure No. 1 & 2 respectively to this petition and may also further be pleased to stay the further proceedings of the aforesaid case, so far as it relates to the present applicant/petitioner, during pendency of the present petition, in the interest of justice, during pendency of the present petition, in the interest of justice." Versus Counsel for Applicant(s) : Ajey Singh Counsel for Opposite Party(s) : G.A. Mohd. Amil Ansari .....Applicant(s) The State Of U.P. Thru.Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 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. The application is disposed off accordingly. August 27, 2025 Mohd. Sharif NA528 No. 1065 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench