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2025 DAILYLAW 166093 (ALL)

SANJAY PATEL ALIAS SANJAY KUMAR AND 5 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HOME, LKO. AND ANOTHER

NA528/1306/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1306 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 2. Instant application has been filed with prayer to quash the charge sheet bearing Charge Sheet No. 380/2024 dated 23.12.2024 filed in Case Crime No.0391 of 2024 under sections 115(2),352,351(2),110 and 324(4) of BNS, Police Station-Raniganj, District-Pratapgarh and 23.06.2025 passed by Court of Additional Chief Judicial Magistrate, Pratapgarh, in Criminal Case No.8207 of 2025, State Vs. Sanjay Patel and Others, by which cognizance has been taken and the applicant has been summoned for the offence under sections 115(2), 352, 351(2), 110 and 324(4) of BNS, and the entire consequential proceeding of Criminal Case No.8207 of 2025, State Vs. Sanjay Patel and Others, pending in the Court of Additional Chief Judicial Magistrate, Pratapgarh, arising out of Case Crime No.0391 of 2024 under sections 115(2),352,351(2),110 and 324(4) of BNS, Police Station-Raniganj, District-Pratapgarh. 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 are not involved in committing the alleged offence as has been mentioned in the first information report. Versus Counsel for Applicant(s) : Rakesh Kumar Yadav, Hema Singh Counsel for Opposite Party(s) : G.A. Sanjay Patel Alias Sanjay Kumar And 5 Others .....Applicant(s) State Of U.P. Thru. Its Addl. Chief Secy. Home, Lko. And Another .....Opposite Party(s) 4. 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. 5. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 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 files 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 24, 2025 A.Nigam NA528 No. 1306 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench