Mohd. Kasim @ Mohd. Kashif v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10074 of 2023 Applicant :- Mohd. Kasim @ Mohd. Kashif Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Shahid Salam Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Shahid Salam, learned counsel for the applicant 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 to set aside/quashed the entire criminal proceeding of criminal case no. 40883/2023 arising out of case crime no. 0085/2022, under section 308, 506, 504 IPC, related to P/S-Madiyaon, District-Lucknow, along with charge sheet no. 01/2022 dated 21.05.2022 as well as summoning order dated

19.04.2023 passed by Judicial Magistrate, Illrd, Lucknow or passed an order in the light of the Case "Satendra Kumar Antil" passed by Hon'ble Supreme Court in SLP (Crl.) Nos. 55191 of 2021.

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

¶4At 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.

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

¶6On 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 files 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 :- 13.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench