Shiv Kumar and 5 Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 10078 of 2023 Applicant :- Shiv Kumar And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Pranav Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.

¶1Heard Sri Pranav Pandey, learned counsel for the applicants and Sri B.N. Nishad, 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/set aside the summoning order dated

30.07.2020 and Charge Sheet No. 23/2020, dated 24.01.2020 arising out of the Case Crime No.0355/2019, under section 147, 323, 332, 336, 342, 353 IPC & section 7 Criminal Law (Amendment) Act, 1932, Police Station-Purwa, District-Unnao, in Case No.546/2020, titled as State V/s Sabhasad Ankit Bajaj and others, pending in the court of Learned Judicial Magistrate, Purwa, Unnao.

¶3Learned 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.

¶4At 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.

¶5Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

¶6On 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).

¶7The application is disposed off accordingly. Order Date :- 13.10.2023 Mayank High Court of Judicature at Allahabad, Lucknow Bench