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2025 DAILYLAW 167520 (ALL)

ARUN @ LALU v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

A482/8345/2025 · 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. - 8345 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 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed with the prayer to quash the Charge-Sheets dated 20.06.2022 and 12.11.2022 as well as the Summoning Order dated 21.09.2022 in Case No. 187675/2021 (State of U.P. Versus Vishal & Others), arising out of Crime No. 178/2021, under Sections 147, 148, 149, 323, 332, 337, 353, 427, 452, 504, 506 I.P.C. & Section 7 of the Criminal Law Amendment Act, Police Station Mahanagar, District Lucknow, currently pending before the learned Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of the aforementioned case during the pendency of the application to secure the ends of justice. 3. Learned counsel for the applicant submits that the applicant is innocent and they have 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 Versus Counsel for Applicant(s) : Neeraj Kumar Baghel Counsel for Opposite Party(s) : G.A. Arun @ Lalu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be 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 they do not want to press the application and seek 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 file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). 8. The appeal is disposed off accordingly. September 25, 2025 Haseen U. A482 No. 8345 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench