MOHAMMAD DANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/8449/2025 · 2025-09-26
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 167866 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 167866 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8449 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 482 Cr.P.C has been filed with the prayer to quash the chargesheet dated 17.06.2020 in Criminal Case No. 2566 of 2021; State Vs. Mohammad Danish, arising out of Case Crime No. 46 of 2020, under Sections 380, 411 IPC, Police Station Auras, District Unnao alongwith the NBW dated 04.03.2025. Learned counsel appearing for the applicant submits that the applicant is innocent and were 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 and another (2022)10 SCC 51. Versus Counsel for Applicant(s) : Virendra Pratap Singh Yadav, Brij Mohan Gupta, Suresh Chandra Gupta Counsel for Opposite Party(s): G.A. Mohammad Danish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
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 files 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 applicant 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 him, 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 26, 2025 kkv/ A482 No. 8449 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench