VIKRAM SINGH AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER
NA528/1336/2025 · 2025-09-25
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166669 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1336 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Instant application under Section 528 of BNSS has been filed with the prayer to quash the chargesheet no. 321 of 2024 in Case No. 27803 of 2025, arising out of Case Crime No. 345 of 2024, under Sections 76/351(3) of BNS, Police Station Jaidpur, District Barabanki and summoning order dated 01.07.2025 passed by learned CJM, Barabanki. Learned counsel appearing for the applicants submits that the applicants are innocent and have 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 and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the trial court. 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) : Dharmendra Kumar Bhatt Counsel for Opposite Party(s) : G.A. Vikram Singh And Another .....Applicant(s) State Of U.P. Thru. Secy. Home 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 the 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 25, 2025 kkv/ NA528 No. 1336 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench