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2025 DAILYLAW 164414 (ALL)

SHER BAHADUR YADAV @ SHER BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME SECTT. LKO. AND ANOTHER

A482/7744/2025 · 2025-09-18

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7744 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned AGA for the State, as well as Shri Amit Dwivedi, learned counsel for the newly impleaded opposite party no. 3, 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 entire proceedings of Case No.119/2023, arising out of Case Crime No.0144/2020, under Section 135 of Indian Electricity Act (Amendment) 2003 lodged at Police Station Anti Power Theft Ayodhya, District Ayodhya Anti Power Theft, to quash the charge- sheet dated 18.11.2022 filed in the aforesaid case crime number and to quash the cognizance order dated 08.09.2023 passed in the aforesaid case. 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) : Surya Prakash Singh Counsel for Opposite Party(s) : G.A. Sher Bahadur Yadav @ Sher Bahadur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Sectt. 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 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. Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to him, in accordance with law. In case, such an application is moved before the learned trial Court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. 8. The application is disposed of accordingly. (Shree Prakash Singh,J.) September 18, 2025 MVS/- A482 No. 7744 of 2025 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench