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

Court No. - 11 Case :- APPLICATION U/S 482 No. - 12551 of 2023 Applicant :- Khadag Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sandeep Kumar Yadav,Jeevan Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. The present petition under Section 482 Cr.P.C has been filed by the applicant with the prayer to quash/set-aside the order dated

03.11.2023 passed by Special Judge (SC/ST) Act, District Lucknow and charge sheet No. 01/2023 dated 19.08.2023 arising out of Case Crime No. 0376/2023, under Sections 354, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station Gomti Nagar, District Lucknow. After arguing at some length, learned counsel for the applicant has submitted that the present application be disposed of finally with liberty 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 applicant. Accordingly, the present application is disposed of finally with liberty to the applicant to move bail application before the trial court and, if such an application is preferred, 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). Order Date :- 21.12.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench