Deep Chandra Yadav and 2 Others v. State of U.P. Thru. Secy. Home Civil Sectt. Lko and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10950 of 2023 Applicant :- Deep Chandra Yadav And 2 Others Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant 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 quash/set-aside the entire criminal proceeding of Criminal Case No. 47874/2017 (State Versus Deep Chandra Yadav and others) including impugned summoning order dated

23.11.2017 passed by Additional Chief Judicial Magistrate, Court No.26, Lucknow in Criminal Case No. 47874/2017 (State Versus Deep Chandra Yadav and others) as well as charge-sheet dated 24.05.2016, in Case Crime No. 131 of 2015, under Section 419, 420, 406, 504, 506 of IPC, P.S. Gosainganj, District Lucknow. Learned 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. At 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. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. On 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). Further, the applicant will have an opportunity at the appropriate stage to move an application for discharge taking therein all the pleas factual and legal which may be available to them, in accordance with law. In case, such an application is moved before the learned trial court, the learned trial court shall dispose of the same by a speaking and reasoned order strictly, in accordance with law. The application is disposed off accordingly. Order Date :- 7.11.2023 Anurag High Court of Judicature at Allahabad, Lucknow Bench