The High Court disposed of an application under Section 482 CrPC seeking quashing of charge-sheet and summoning order, allowing liberty for the applicant to file a bail application
None; liberty granted to approach trial court for bail.
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Court No. - 27 Case :- APPLICATION U/S 482 No. - 1827 of 2023 Applicant :- Anita Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another Counsel for Applicant :- Ashutosh Pathak 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.
Instant application under Section 482 Cr.P.C has been filed with prayer quashing of the charge-sheet dated 01.03.2021, Crime No. 102 of 2020, under Sections 406, 504, 506 of the IPC, Police Station Nagram, District Lucknow as well as impugned summoning order dated 20.12.2022 passed by the learned A.C.J.M. (IV), Court No. 28, Lucknow in Criminal Case No. 124222 of 2022 and other Crime No. 102 of 2020, under Sections 406, 504, 506 of the IPC, Police Station Nagram, District Lucknow and the entire proceeding of the aforesaid case.
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 :- 23.2.2023/Anurag
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
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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
Anita
State Of U.P. Thru.Prin.Secy. Home
Shree Prakash Singh
As recorded by the court registry
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