Shiv Govind Awasthi @ Bal Govind @ Manjhiley Pandit v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Another

Court No. - 27 Case :- APPLICATION U/S 482 No. - 10613 of 2023 Applicant :- Shiv Govind Awasthi @ Bal Govind @ Manjhiley Pandit Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Anil Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Anil Kumar Awasthi, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

¶2The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 25.09.2019 passed by Additional Chief Judicial Magistrate, Court No. 4, Lakhimpur Kheri and Charge-sheet No. 205/2019 dated 29.08.2019 in Case No. 1429 of 2019, Crime No. 161 of 2019, Under Sections 147, 148, 323, 504, 506, 308 I.P.C, Police Station Neemgaon, District Lakhimpur Kheri (State versus Rahul Singh and others).

¶3At the very outset, counsel for the applicant states that the applicant prays for liberty that he will surrender before the court below and apply for bail.

¶4It is therefore, directed that in case the applicant surrenders and prefer bail application before the court below within a period of three weeks, it will decide the said bail application as expeditiously as possible. It is further provided that while deciding the bail application of the applicant, the court below will take into account the law laid down by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation And Another reported in [(2021) 10 SCC 773] and decide it in accordance with law.

¶5In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant, the application is disposed of. Order Date :- 31.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench