ANIL KUMAR SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LAL BAHADUR SHASTRI BHAWAN DIST. LKO. AND 2 OTHERS
A482/8102/2025 · 2025-09-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166156 (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. - 8102 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./528 of the B.N.S.S., has been filed with the prayer to set aside the order dated 26-08- 2025 passed against the Applicant/accused by the court of Special Chief Judicial Magistrate, Custom, Lucknow, whereby the learned Court had issued Non Bailable warrant against applicant in the case Crime no. 495 of 1998, under section 143,148, 387, 452 and 506 Of Indian Penal Code, titled 'State versus Anil Singh',to set aside the order dated 19-04-2025 as well as 08-07-2025 whereby the learned Court has issued proceedings under Section 82 Cr.P.C against the applicant/accused, to side aside the summoning order dated 17-01-1999 as well as non-bailable order dated 16-10-2003 issued against the applicant/accused in case crime no. 495/1998 and to set aside the charge-sheet dated 12-12-1998 in case crime no. 495 of 1988, under section of Indian Penal Code, Police Station- Gazipur, District-Lucknow, which is annexed as Annexure no. -4 to this petition. 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 chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below. Versus Counsel for Applicant(s) : Adarsh Pratap Singh, Mohd. Hanzala, Prabhat Counsel for Opposite Party(s) : G.A. Anil Kumar Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lal Bahadur Shastri Bhawan Dist. Lko. And 2 Others .....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's judgment in the case of Satender Kumar Antil versus 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 applicants.
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). The application is disposed of accordingly. September 24, 2025 AKS A482 No. 8102 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench