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

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11098 of 2023 Applicant :- Sunil Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sadhu Saran Shukla,Madhu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Shri Sanjeev Shukla, Advocate has appeared on behalf of opposite party no.2 by way of filing vakalatnama and the same is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for opposite party no.2 and learned A.G.A. for the State as well as perused the record.

¶3Instant application under Section 482 Cr.P.C has been filed with prayer for quashing of order dated 27.04.2019 passed by Sessions Judge Hardoi in Crl. Revision No.32 of 2019 and the order dated 04.11.2016 passed by Additional Chief Judicial Magistrate-II, Room No.2 Hardoi.

¶4Learned 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.

¶5At 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.

¶6Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

¶7On 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).

¶8The application is disposed of accordingly. Order Date :- 8.11.2023/-Amit K-High Court of Judicature at Allahabad, Lucknow Bench