Samlu v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11086 of 2023 Applicant :- Samlu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Priyam Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Priyam Kumar Singh, 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 to quash the chargesheet dated 30.05.2021 in Case Crime No. 48 of 2021 under sections 379, 411 of IPC and 4/10 of Indian Forest Act, at Police Station Imaliya Sultanpur, District-Sultanpur and the summoning order dated 04.03.2022 passed by learned Judicial Magistrate-I District Sitapur and further proceedings of the case no. 18054 of 2022.

¶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 off accordingly. Order Date :- 8.11.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench