The High Court, Allahabad disposed of an application under Section 482 CrPC. The applicant, facing criminal charges, requested liberty to file a bail application before the trial court expeditiously, relying on Supreme Court guidelines. The court granted this conditional liberty.
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Court No. - 27
Case :- APPLICATION U/S 482 No. - 1717 of 2023
Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Home Secy. Govt. Of U.P., Lko. And Others Counsel for Applicant :- Shubham Kumar Tripathi,Shradha Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The instant application has been filed with a prayer to quash the order passed against the applicant in Case No. 316 of 2018, under Sections 498 A, 323, 504, 506 of the IPC and 3/4 of the D.P. Act.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.
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 A.G.A. 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 off accordingly.
Order Date :- 21.2.2023 Anurag
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 · Who else cites this
2 provisions across 2 enactments
Shiv Kumar
State Of U.P. Thru. Home Secy. Govt. Of U.P.
Shree Prakash Singh
As recorded by the court registry
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