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2025 DAILYLAW 167293 (ALL)

RAM GOPAL TIWARI ALIAS RAM GOPAL v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

A482/8274/2025 · 2025-09-25

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8274 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The instant application under Section 482 Cr.P.C has been filed for quashing impugned non bailable warrant and 82 Cr. P.C. dated 28.08.2024 issued by Chief Judicial Magistrate Shrawasti, in case no. 482/2001, Case crime no. 228/1999 State Vs. Ram Kumar and others under section 419, 420, 467, 468 and 471 I.P.C. P.S. Bhinga District Shrawasti, alongwith further criminal proceeding against the innocent petitioner pending 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case with false and frivolous allegations. The applicant has not committed alleged offence. 4. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicant. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicant on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be Versus Counsel for Applicant(s) : Ruby Maurya Counsel for Opposite Party(s) : G.A. Ram Gopal Tiwari Alias Ram Gopal .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s) tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. 5. 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 in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. 6. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 7. 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 decided expeditiously. 8. The application is disposed off accordingly. September 25, 2025 Anuj Singh A482 No. 8274 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench