Neutral Citation No. - 2025:AHC:25508 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4332 of 2025 Applicant :- Sanjeev Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Kumar Shukla,Vikash Chandra Tiwari Counsel for Opposite Party :- G.A.,Ram Kumar Dubey Hon'ble Vikas Budhwar,J. 1. Heard Shri Dhirendra Kumar Srivastava (A/D 0297/2012), advocate holding brief of Shri Vikash Chandra Tiwari, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State-respondent as well as Shri Ashutosh Shukla (A/A 0435/2020), advocate holding brief of Shri Ram Kumar Dubey, counsel for opposite party no. 2. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 13893 of 2024 (State Vs. Sanjeev Kumar), arising out of case crime no. 0257 of 2022, under Sections 147, 307, 120-B IPC Police Station- Civil Lines, District Moradabad, pending before the court of learned Chief Judicial Magistrate, District Moradabad. 3. Learned counsel for the applicant submits that a first information report stood lodged against five accused and not against applicant on 07.04.2022 relatable to the commission of the offence under Sections 147 and 307 of the IPC in which the applicant's name only stood surfaced as the applicant was the person who has instigated and he has also hatched conspiracy for inflicting injuries and commission of the offence. Learned counsel for the applicant further submits that the applicant has been falsely implicated. The dispute which is happened to be matrimonial dispute between the applicant faction and opposite party faction and learned counsel for the applicant argues that he was not present and he has no point of time to commit any offence. 4. Learned AGA as well as counsel appearing for the opposite party No. 2 has relied upon an order dated 21.08.2023 passed in Application U/S 482 No.29181 of 2023 (Rajpal and 4 others v. State of UP and another) so as to contend that one Rajpal along with four others who were marked as accused in the first information report with respect to the Case No. 0257 of 2022 had preferred the application U/S 482 which came to be rejected on 21.08.2023. Submission is that though the name of the applicant does not find place as an accused in the FIR but there happens to be sufficient material on record that instigation and conspiracy was hatched by the applicant herein whose name finds in the FIR. He further submits that though the applicant might not have been inflicted injuries but the provisions under Section 120-B cannot be ruled out. 5. I have heard the learned counsel for the parties and perused the record. 6. I am of the opinion that the name of the applicant does not find place as an accused in the first information report but there happens to be recital in the first information report in the shape of the allegations that the applicant herein instigated and hatched conspiracy for committing of the offences pursuant whereto injuries were sustained by the first informant faction. Thus, the offences are made out so far as the arguments raised by the learned counsel for the applicant that he has been falsely implicated as there happens to be a matrimonial dispute between the brother of the applicant and sister of the opposite party no. 2 concerned which became the motivating factor for lodging of the first information report, the same cannot be gone into as the same would at best be a defence which can be taken when the trial commences. This Court in the proceedings U/S 482 application is not required to go into the defences as the trial has not yet commenced. Accordingly, the interference is declined and the application is consigned to record. 7. At this juncture, learned counsel for the applicant submits that direction be issued to the court below to decide the application seeking bail with most expeditions. 8. Needless to point out that once an application is moved for enlargement on bail, the Court has no reason to disbelieve that the Court shall be considered with most expedition. Order Date :- 20.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad