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2025 DAILYLAW 165149 (ALL)

NIRANKAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

A482/7954/2025 · 2025-09-22

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7954 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 with the prayer to quash the chargesheet dated 05.05.2024 and summoning order dated 13.09.2024 passed by learned CJM,Gonda in Case Crime No. 568 of 2023, State Vs.Shravan Ram @ Kunal and others, under Sections 420, 406 IPC, Police Station Kotwali Nagar, District Gonda, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence, as has been mentioned in the First Information Report. He added that due to enmity, their name have been planted in the First Information Report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below. At this stage, learned counsel for the applicants 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. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Nirankar Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned AGA has no objection to the prayer made by learned counsel for the applicants. 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). Further, the applicants 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 them, 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. The application is disposed of accordingly. September 22, 2025 kkv/ A482 No. 7954 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench