Dharm Pal Singh v. State of U.P. Thru. Prin.Secy. Home and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11218 of 2023 Applicant :- Dharm Pal Singh Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Rajesh Kumar Singh,Shesh Mani Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard learned counsel for the applicant and Sri Rajesh Kumar Singh, 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 impugned summoning order dated 19.01.2019 and Chargesheet dated 13.05.2018 bearing Chargesheet No. 01 arising out of Criminal Case No. 56 of 2019 namely "State Vs. Sunil Kumar Singh and Others" bearing First Information Report dated 25.05.2017 under Section 406, 504, 506 IPC registered as 451 of 2017 at Police Station-Payagpur, District-Bharaich.

¶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).

¶7Further, the applicants will have an opportunity at the appropriate stage to move an application for discharge through counsel 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.

¶8The application is disposed of accordingly. Order Date :- 9.11.2023 -Amit K-High Court of Judicature at Allahabad, Lucknow Bench