Disposed

Ajay Gautam @ Ajay v. State of U.P. Thru. Prin. Secy. Home Affairs and Another

Allahabad HC20 Nov 2024A482/10459/2024

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What is this about?

The High Court allowed the applicant liberty to withdraw the quashing application and file a bail application before the trial court. The court directed the trial court to decide the bail application expeditiously based on Supreme Court law.

What did the court decide?

Liberty granted to the applicant to withdraw the application and file a bail application before the trial court for expeditious consideration.

Ajay Gautam @ Ajay vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:76562

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 10459 of 2024

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Applicant :- Ajay Gautam @ Ajay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Affairs And Another Counsel for Applicant :- Manoj Kumar Gupta,Shubham Chaurasiya 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, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C has been filed to set aside/quash the entire criminal proceedings, arising out of summoning order dated 22-12-2023 passed in Case No. 143 of 2023, State Vs Ajai Gautam pending before the Additional Chief Judicial Magistrate-VI, Court No. 30, Lucknow, arising out of Chargesheet No. 01 dated 27-06-2023, pursuant to FIR No. 0143 of 2023, under sections 406/420/504/506 of I.P.C., Police Station-Gosaiganj, District-Lucknow,U.P.

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Learned counsel appearing for the applicant submits that the applicant is innocent and was 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.

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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

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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 of accordingly.

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Order Date :- 20.11.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ajay Gautam @ Ajay v. State of U.P. Thru. Prin. Secy. Home Affairs and Another

Case brief

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Ajay Gautam @ Ajay v. State of U.P. Thru. Prin. Secy. Home Affairs and Another

Case brief

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