Anil Kumar Gupta and Another v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11497 of 2023 Applicant :- Anil Kumar Gupta And Another Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Another Counsel for Applicant :- Deo Raj Singh,Mrs.Suniti Sachan Counsel for Opposite Party :- G.A.,Amit Kumar Dwivedi Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. The present application under Section 482 Cr.P.C has been filed by the applicants with the prayer to stay the implementation of summoning orders dated 28.06.2021 and 28.10.2023, charge sheet dated 02.04.2021 as well as the proceedings of Sessions Trial No. 268/2021 arising out of Case Crime No. 392/2020, under Sections-420/406 IPC and Section 136 of Electricity Act. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicants. As prayed, liberty is granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicants to grant liberty to the applicants to file bail application and the same may be decided in in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicants to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). It is expected that while considering the application(s), indicated above, which would be filed by the applicants, the trial court concerned would consider the fact that in the instant case, as indicated, the subsequent report filed under Section 173(8) Cr.P.C. is favourable to the applicants. With the aforesaid observations, the present petition is disposed of. Order Date :- 30.11.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench