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2025 DAILYLAW 202656 (ALL)

ABHISHEK JAISWAL AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND ANOTHER

A482/8967/2025 · 2025-10-28

Pramod Kumar Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8967 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard, learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The instant application has been filed with the following prayer:- "i) To set aside the summoning order dated 10-10-2024 passed by ACJM-II Court No. 31 Lucknow State Vs Abhishek Jaiswal & ors in case No. 99833/2024 Crime No 189/2024 u/s 323,336,342 IPC P.S. Gudamba District-Lucknow as well as chargesheet No. 1 of 2024 dated 11-06-2024 contained Annexure No. 1 and 2. ii). To Issue any order or direction may kindly be passed. iii). To allow the petition." Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case with false and frivolous allegations. The applicants have not committed alleged offence. On the other hand, learned AGA has submitted that prima facie, the offence is made out against the applicants. It is further submitted that these are disputed questions of fact, which can be adjudicated only after adducing the evidence. He further controverts the submissions of learned counsel for the applicants on the ground that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial and, therefore, the application is misconceived and liable to be dismissed. At this stage, learned counsel for the applicants submits that they do not want to press the application and seek liberty to file bail application before the learned trial court Versus Counsel for Applicant(s) : Pankaj Kumar Srivastava, Suresh Kumar Mishra Counsel for Opposite Party(s) : G.A. Abhishek Jaiswal And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) which may be decided in view of law laid by Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants appear before the trial court within two weeks from today and file bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). The application is disposed off accordingly. October 28, 2025 Haseen U. A482 No. 8967 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench