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2025 DAILYLAW 166691 (ALL)

ALOK KUMAR SAINI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1334/2025 · 2025-09-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1334 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 528 of BNSS has been filed to quash the chargesheet No. A-32 of 2025, dated 30.03.2025 in Criminal Case No. 3926 of 2025; State Vs. Alok Kumar Saini, arising out of Case Crime No. 0041 of 2025, under Sections 74, 115(2), 333 and 351(3) of BNS, Police Station Sonwa, District Shrawasti and summoning order dated 22.08.2025 passed by learned CJM, Shrawasti, as well as entire proceedings in pursuance thereof. 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. 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 Versus Counsel for Applicant(s) : Shri Prakash Pandey Counsel for Opposite Party(s) : G.A. Alok Kumar Saini .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) and another (2022)10 SCC 51. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 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 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 25, 2025 kkv/ NA528 No. 1334 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench