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2025 DAILYLAW 195244 (ALL)

UMESH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME, LKO AND ANOTHER

CRLA/3148/2025 · 2025-10-06

Pramod Kumar Srivastava

Criminal Appealbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 3148 of 2025 Court No. - 15 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicant, learned AGA for the State and perused the record. This instant application has been filed with the prayer to quash the Non Bailable Warrant dated 21.01.2021 passed by learned Special Judge SC/ST Act, Lakhimpur Kheri in Sessions Trial No.997 of 2011 in Case Crime No.1206 of 2008, under Section 323, 325, 504, 506 IPC and Section 3(1)(10) SC/ST Act, Police Station- Maigalganj, District- Lakhimpur Kheri. 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. 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 Versus Counsel for Appellant(s) : Yuga Raj Singh, Vandana Rawat Counsel for Respondent(s) : G.A. Umesh .....Appellant(s) State Of U.P. Thru. Addl. Chief Secy. Home, Lko And Another .....Respondent(s) 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). 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. October 6, 2025 Haseen U. CRLA No. 3148 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench