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2025 DAILYLAW 166337 (ALL)

MO. JEESHAN AND ANOTHER v. STATE OF U.P. THRU.ADDL.CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8113/2025 · 2025-09-24

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8113 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Anoop Kumar Singh holding brief of Sri Tribhuwan Kumar Gupta, learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash the proceedings of Criminal Case No. 92213 of 2024; State Vs. Shahab Ali and others, arising out of Case Crime No. 0122 of 2024, under Sections 147, 406, 504, 506, 342, 420 IPC, Police Station Thakurganj, District Lucknow, pending in the court of ACJM-V, Lucknow. 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 names have been planted in the First Information Report. 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) : Tribhuwan Kumar Gupta Counsel for Opposite Party(s) : G.A. Mo. Jeeshan And Another .....Applicant(s) State Of U.P. Thru.Addl.Chief Secy. Home Deptt. Lko. And Another .....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). The application is disposed of accordingly. September 24, 2025 kkv/ A482 No. 8113 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench