Vikash Bharati v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9984 of 2023 Applicant :- Vikash Bharati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Suresh Chandra Srivastava,Vaibhav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Shri V.N.Nishad, learned AGA-I for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed to quash and set aside the impugned Chargesheet No. 01 of 2017, dated 30-03-2017 and the order of cognizance and summoning order dated 30-05-2017 and criminal proceedings in Crl. Case No. 639 of 2023, vide Case Crime No. 0154 of 2016, U/s 323,506,452,325 of I.P.C., Police Station-Karaundi Kala, District-Sultanpur, pending in the court of F.T.C.(S.D.) A.C.J.M., Sultanpur. 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. 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. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 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 three 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). The application is disposed of accordingly. Order Date :- 12.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench