Disposed

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

Allahabad HC14 Aug 2025NA528/947/2025

Case brief

AI extract

What is this about?

The High Court disposed of a petition to quash criminal proceedings filed under Sections 482/483 Cr.P.C. The applicants sought liberty to file a bail application in the trial court. The Court directed the applicants to appear within two weeks to file bail, which will be decided expeditiously, and noted an opportunity for discharge thereafter.

What did the court decide?

Application disposed of; liberty granted to file bail application within two weeks, to be decided expeditiously.

Kajal and Another Vs State of U.P. Thru. Prin… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:47790

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Court No. - 14

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Case :- APPLICATION U/S 528 BNSS No. - 947 of 2025

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Applicant :- Kajal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Akhilesh Kumar Pandey 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 applicants, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C./483 Cr.P.C., has been filed with the prayer to quash the criminal proceedings of Case No. 4796 of 2025, registered at Police Station-Hathigavan, DistrictPratapgarh of chargesheet no. 201 of 2024, dated 17-11-2024 "State of U.P. Vs Janardan Misha and Others, registered at Police station-Hathigavan, District-Pratapgarh.

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Learned counsel appearing for the applicants submits that the applicants are innocent and were never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, their names have been planted in the first information report and thereafter they have been chargesheeted. He next added that due to unavoidable circumstances, they could not appear before the court below.

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At this stage, learned counsel for the applicants 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

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in case, the applicants appear 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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Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law.

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The application is disposed of accordingly.

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Order Date :- 14.8.2025 AKS

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

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

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

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