Allahabad High Court
Sundara vs State Of U.P. Thru. Addl. Chief Secy. ... on 4 May, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:32222
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 3712 of 2026
Sundara
.....Applicant(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Ram Milan Yadav
Counsel for Opposite Party(s)
:
G.A.
Court No. - 16
HON'BLE SHREE PRAKASH SINGH, J.
Vakalatnama filed by Mr. Dheendra Singh, Advocate on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for the applicant, learned AGA for the State, Mr. Dheerendra Singh, learned counsel for the opposite party no. 2 and perused the record.
Instant application has been filed with the prayer to set aside the impugned cognizance order as summoning order dated 02.09.2024 passed by learned Chief Judicial Magistrate, Unnao, in Case No. 18854/2024, Case Crime No. 173/2024, (State Vs. Smt. Sunita & Others) Under Sections 452, 504 & 506 I.P.C., Police Station -Kotwali, District- Unnao.
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 trial court.
At 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.
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.
(Shree Prakash Singh,J.) May 4, 2026 AKS