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2025 DAILYLAW 162684 (ALL)

JAYHIND YADAV AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/7523/2025 · 2025-09-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7523 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 this Hon'ble Court may graciously be pleased to quash/set-aside the entire criminal proceeding of Criminal Case No. 2637/2020 (State Vs. Jaihind and another) pending before Additional Chief Judicial Magistrate, Court No.23, Barabanki including the cognizance order dated 16.11.2018 passed by Additional Chief Judicial Magistrate, Barabanki in Criminal Case No. 6016/2018 on the charge sheet as well as charge sheet dated 28.04.2018 submitted by investigating officer in Crime No.35/2018, under section 323, 506, 354, 354Kha IPC, Police Station Asandra, District Barabanki, contained as Annexure No. 1 to this application." 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 does Versus Counsel for Applicant(s) : Ramesh Gupta Counsel for Opposite Party(s) : G.A. Jayhind Yadav And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) 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. September 9, 2025 Mohd. Sharif A482 No. 7523 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench