Pappu and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10126 of 2023 Applicant :- Pappu And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dinesh Chandra Tewari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicants and 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 quash the impugned summoning order dated

15.06.2021 as well as 09.09.2022 passed by the Additional Civil Judge, Junior Division, in case no. 12793/21 State vs Pappu and others u/sec 308, 323 and 504 IPC, Police Station-Boundi, District-Bahraich, arising out of case crime no. 166/20 u/sec 308, 323 and 504 IPC, Police Station-Boundi, District-Bahraich pending in the court of Additional Civil Judge, (Junior Division), Bahraich

¶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 of accordingly. Order Date :- 16.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench