KUNWAR RAJESH SINGH @ NAGESHWAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/1220/2025 · 2025-09-15
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162747 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162747 (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. - 1220 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant 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 quash the charge-sheet no.1/25 dated 08.07.2025 under Sections 324(5), 305, 318(4) and 331(3) B.N.S. filed in Case Crime No.0240/2024 lodged at Police Station Hazratganj, District Lucknow, pending in the court of learned Chief Judicial Magistrate, Lucknow.
3. 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 and thereafter he has been charge-sheeted. He next added that due to unavoidable circumstances, he could not appear before the trial below.
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. Versus Counsel for Applicant(s) : Ashish Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Kunwar Rajesh Singh @ Nageshwar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
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 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 15, 2025 MVS/- NA528 No. 1220 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench