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2025 DAILYLAW 174098 (ALL)

KAPTAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER

/2163/2025 · 2025-12-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2163 of 2025 Court No. - 29 HON'BLE DIVESH CHANDRA SAMANT, J. 1. Learned counsel for the applicant prays for and is permitted to correct the typographical mistake in the memo of application as well as prayer clause, during course of the day. 2. Heard learned counsel for applicant; Learned AGA for the State and perused the record. 3. A joint Vakalatnama filed by Sri Indra Kumar Yadav, Advocate; Sri Deepak Kumar, Advocate and Sri Manish Kumar Yadav, Advocate on behalf of Opposite Party No.2 is taken on record. 4. Present application has been filed with the following prayers :- "to quash the charge sheet dated 02.09.2025 filed under section 352, 351(3) BNS and 67 of I.T. Act as well as against the cognizance and summoning order dated 07.11.2025 passed by Judicial Magistrate, Bahraich in Case No. 30067/2025, (State versus Kaptan Singh), relating FIR No.0155/2025, under section 352, 351(3) BNS and 67 of L.T. Act, Police Station Fakharpur, District - Bahraich (contained as Annexure No.1 and 2) so far as it relates with the petitioner and entire criminal proceedings may kindly be kept in abeyance during pendency of present petition against the petitioner, in the interest of justice. Such other order, orders or direction whatsoever this Hon'ble Versus Counsel for Applicant(s) : Shesh Ram Verma, Jaylaxmi Upadhyay Counsel for Opposite Party(s) : G.A. Kaptan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) court may kindly be deem fit and proper may also be pass in favour of the petitioner." 5. Learned counsel for the applicant does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773 and Satender Kumar Antil Vs. Central Bureau of Investigation and others MANU/SC/0851/2022. 6. Learned AGA as well as learned Counsel for Opposite Party No.2 has no objection, if such a direction is given to the Court concerned to decide the bail application of the applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras). 7. Accordingly, it is directed that if applicant appears before the trial court and apply for bail then, his bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras). 8. With these direction/observation, the present application is, accordingly, disposed of. December 16, 2025 I.A. Siddiqui NA528 No. 2163 of 2025 2 (Divesh Chandra Samant,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad, Lucknow Bench