Siyaram and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10971 of 2023 Applicant :- Siyaram And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. Instant application under Section 482 Cr.P.C has been filed with prayer to quash the charge-sheet dated 17.02.2023 filed by the Investigating Officer in FIR No./ Case Crime No. 0041/2023, U/S-308, 325, 323, 342, 506 I.P.C, Police Station-Kotwali Nagar, District-Sultanpur and against the petitioners, as well as Summoning order dated 15.07.2023 passed by the Learned Chief Judicial Magistrate Room No. 16, Sultanpur in Criminal Case No. 7110/2023, (State Vs. Siyaram & others), FIR No. /Case Crime No. 0041/2023, U/S-308, 325, 323, 342, 506 I.P.C., Police Station-Kotwali Nagar, District-Sultanpur. Learned 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. 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 off accordingly. Order Date :- 7.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench