Allowed

Pramod Kumar Chaudhary v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Allahabad HC4 Jul 2023A482/5453/2023

Case brief

AI extract

What is this about?

The High Court allowed the applicant to forego the quashing application under Section 482 Cr.P.C. and appear before the trial court to file a bail application within two weeks, which will be decided expeditiously citing Satender Kumar Antil.

What did the court decide?

Liberty to file bail application before trial court within two weeks; quashing application disposed off.

Pramod Kumar Chaudhary Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:42760

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 5453 of 2023

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Applicant :- Pramod Kumar Chaudhary Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Chandra Shekhar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned non-bailable warrant order dated 22.09.2022 passed by the Chief Judicial Magistrate, Gonda against the petitioner in pursuance to Crl. Case No. 6812 of 2019.

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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.

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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 .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

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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) .

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The application is disposed off accordingly.

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Order Date :- 4.7.2023 Anurag

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Pramod Kumar Chaudhary v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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Pramod Kumar Chaudhary v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Case brief

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What the court decided

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