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2025 DAILYLAW 162422 (ALL)

SUSHIL AGRAWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7410/2025 · 2025-09-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7410 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the impugned order dated 06.08.2025 passed by learned CJM-I, Lucknow in Case No. 2863 of 2010; State of U.P. Vs. Sushil Kumar Agarwal, arising out of Case Crime No. 296 of 2000, under Section 182 of IPC, Police Station Kaiserbagh, District Lucknow as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicant submits that the applicant is innocent and was 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. He next added that due to unavoidable circumstances, he could not appear before the court below. 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. Learned AGA has no objection to the prayer made by learned Versus Counsel for Applicant(s) : Ajey Singh Counsel for Opposite Party(s) : G.A. Sushil Agrawal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) counsel for the applicant. 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 file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra). The application is disposed of accordingly. September 4, 2025 kkv/ A482 No. 7410 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench