Court No. - 28

Case :- APPLICATION U/S 482 No. - 4328 of 2023

Applicant :- Sena Alias Senapati

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And

Another

Counsel for Applicant :- Pradeep Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, Shri

Girijesh Dwivedi, learned AGA for the State and

perused the record.

Instant application under Section 482 Cr.P.C has

been filed to quash the impugned Chargesheet No.

01 filed on 11.12.2021 in Case Crime No.

503/2021, U/s 354-C, 452, 352,504,506 I.P.C.,

Police Station-Mall, District-Lucknow Gramin.

Learned counsel appearing for the applicant

submits that the applicant is innocent and was

never involved in committing the offence as has

been mentioned in the first information report. He

added that due to enmity, his name has been

planted in the first information report and

thereafter he has been chargesheeted. He next

added that due to unavoidable circumstances, he

could not appear before the court below.

At 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.

Learned A.G.A. has no objection to the prayer

made by learned counsel for the applicant.

On 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).

The application is disposed of accordingly.

Order Date :- 2.5.2023

AKS

Digitally signed by :-

ANUJ KRISHNA SRIVASTAVA

High Court of Judicature at Allahabad,

Lucknow Bench