Shiv Shankar @ Pappu and 3 Others v. State of U.P. Thru. Prin Secy Home Civil Sectt Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11009 of 2023 Applicant :- Shiv Shankar @ Pappu And 3 Others Opposite Party :- State Of U.P. Thru. Prin Secy Home Civil Sectt Lko And Another Counsel for Applicant :- Surya Narayan Mishra,Surya Bhushan Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard 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 for quashing of the entire proceedings of the case and order dated 04.07.2020 passed by Chief Judicial Magistrate, Bahraich and chargesheet No.291 of 2020 dated

25.06.2020 arising out of Case Crime No.283 of 2020 under Sections 147, 148, 323, 324, 325, 308, 504 and 506 IPC Police Station-Kaisarganj, District Bahraich pending before the Court of Chief Judicial Magistrate, Bahraich.

¶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 of accordingly. Order Date :- 7.11.2023/-Amit K-High Court of Judicature at Allahabad, Lucknow Bench