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2025 DAILYLAW 168312 (ALL)

Sanjay Kumar v. State of U.P. thru Principal Sec. Home and another

A482/8433/2025 · 2025-09-26

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8433 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 to quash the chargesheet No. A305 of 2023 in Case No. 194 of 2024; State Vs. Sanjay Kumar, arising out of Case Crime No. 200 of 2023, under Section 3/7 of Essential Commodities Act, Police Station Ghunghter, District Barabanki and summoning order dated 18.01.2024, 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 and another (2022)10 SCC 51. Versus Counsel for Applicant(s) : Ashok Kumar, Ranjeet Singh, Vimal Kumar Counsel for Opposite Party(s): G.A. Sanjay Kumar .....Applicant(s) State Of U.P. Thru Principal Sec. Home 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 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 26, 2025 kkv/ A482 No. 8433 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench