MATA PRASAD v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/7637/2025 · 2025-09-11
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163774 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7637 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The instant application under Section 482 Cr.P.C has been filed for quashing the impugned orders of non-bailable warrant (NBW) + Notice to sureties (NS), dated 23.4.2025, 2.6.2025 and 10.7.2025 passed by the Additional District and Sessions Judge 3, Sultanpur, in Sessions Trial No.518 of 2015; State Vs. Mata Prasad and others, arising out of Case Crime No.966 of 2014, under Sections 147, 452, 308, 323, 506, 379 I.P.C. relating to the Police Station Masafirkhana, District Amethi. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. Versus Counsel for Applicant(s) : Brijesh Kumar Yadav Counsel for Opposite Party(s) : G.A. Mata Prasad .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned 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 files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. September 11, 2025 Ram Murti A482 No. 7637 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench