Bramhdev Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10089 of 2023 Applicant :- Bramhdev Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Ramesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Shri Anirudh Kumar Singh, learned AGA-I for the State and perused the record. Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the summoning order dated 19-02-2201 and the chargesheet nbo. 01 of 2020, dated 11-10-2020, arising out of the Case Crime No. 0336 of 2020, under sections 309,420,120-B, 195 of I.P.C., Police Station-Kotwali Dehat, District-Gonda, in Crl. Case No. 1921 of 2021(State Vs. Bramhdev Singh and Others)pending in the court of learned Chief Judicial Magistrate-I, Gonda. 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. 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. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants. On 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). The application is disposed of accordingly. Order Date :- 16.10.2023 AKS High Court of Judicature at Allahabad, Lucknow Bench