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2025 DAILYLAW 160294 (ALL)

PAWAN GUPTA @ SANDEEP GUPTA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1071/2025 · 2025-08-28

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1071 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants, 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 respectfully prayed that in the above noted facts and circumstances, this Hon'ble court may kindly be pleased to quash the charge sheet dated 08.04.2025 filed under section 115(2), 351(2), 352 B.N.S. against the petitioner as well as against the cognizance and summoning order dated 23.06.2025 relating FIR No.091/2025, under section 115(2), 351(2), 352 B.N.S., Police Station Kothi, District Barabanki, so far as it relates with the petitioners and entire criminal proceedings may kindly be kept in abeyance during pendency of present petition against the petitioners, in the interest of justice." 3. Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report. 4. At this stage, learned counsel for the applicants submits that he Versus Counsel for Applicant(s) : Aditya Singh Counsel for Opposite Party(s) : G.A. Pawan Gupta @ Sandeep Gupta And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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 applicants. 6. 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). 7. The application is disposed off accordingly. August 28, 2025 Mohd. Sharif NA528 No. 1071 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench