Disposed

Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC18 Nov 2024NA528/59/2024

Case brief

AI extract

What is this about?

High Court (Lucknow Bench) disposed of an application under Section 482 CrPC. Bench granted liberty to the applicant to approach the trial court for bail within two weeks, with a promise for expeditious hearing.

What did the court decide?

Liberty granted to applicant to file bail application before trial court within two weeks for expeditious hearing.

Shrawan Kumar vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75692

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Court No. - 15

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Case :- APPLICATION U/S 528 BNSS No. - 59 of 2024 Applicant :- Shrawan Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kiran 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 quash impugned charge sheet no. 1 dated 22.7.2024 in respect of F.I.R. no. 460 of 2024 under Sections 352, 351 (2), 351 (3) B.N.S., Police Station- Kotwali Nagar, District- Sultanpur.

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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 applicants.

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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 file 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 :- 18.11.2024 Anuj Singh

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

Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Shrawan Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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