Shyam Bihari and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9831 of 2023 Applicant :- Shyam Bihari And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Rajeev Kumar Mishra Rudra, learned counsel for the applicants and Sri Nirmal Kumar Pandey, learned A.G.A. for the State as well as perused the record.

¶2Instant application under Section 482 Cr.P.C has been filed with prayer a prayer to quash the Charge-Sheet No. 01/2023, dated 13.03.2023, under sections 323, 308, 506 I.P.C. Police Station - Colonelganj, District -Gonda, as well as summoning order dated 05.06.2023 passed by Learned Chief Judicial Magistrate, Gonda, in Case No. NiL, 'State Vs Shyam Bihari', arising out of Case Crime No. 0004/2023, under sections 323, 308, 506 I.P.C. Police Station - Colonelganj. District Gonda.

¶3Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

¶4At 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.

¶5Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

¶6On due consideration to the submissions of learned counsel for the parties, it is provided that 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).

¶7The application is disposed off accordingly. Order Date :- 10.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench