SUSHIL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1099/2025 · 2025-09-01
Shree Prakash Singh
body2025
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[ 2025 DAILYLAW 161560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161560 (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. - 1099 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
2. Instant application under section 482 Cr.P.C./528 of the B.N.S.S. has been filed with the prayer to drop proceeding of Case No.665/2025, pending in the Court of CJ/SD/FTC/CAW, Unnao, arising out of Case Crime No.0359/2024, under Sections 115(2), 333, 352 and 76 B.N.S. lodged at Police Station Purwa, District Unnao, far as it relates to the applicants, to quash the charge-sheet no.82/2025 dated 18.03.2025 filed in the aforesaid case crime number and to quash the cognizance order dated 09.072025 passed in the aforesaid case.
3. 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 charge-sheeted. He next added that due to unavoidable circumstances, they could not appear before the trial below.
4. 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 Versus Counsel for Applicant(s) : Vikas Sharma, Ajay Kushwaha, Heba Irfan Counsel for Opposite Party(s) : G.A. Sushil And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 considered and decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).
7. The application is disposed of accordingly.
September 1, 2025 MVS/- NA528 No. 1099 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench