Mohd Samim And 2 Others vs State Of U.P. And Another
2022 Latest Caselaw 10332 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 24385 of 2022
 

 
Applicant :- Mohd Samim And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ravi Sahu
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Ravi Sahu, learned counsel for the applicants, Sri Jhamman Ram, learned AGA, for the State, and perused the record of the case.

By way of the present application, the applicants have made a prayer to quash the entire criminal proceedings of Criminal Case No.6056 of 2016 arising out of Case Crime No. 43 of 2016, under Sections 323, 504, 452 and 427 IPC, Police Station Utraon, District Allahabad pending in the court of ACJM Court No.10, Allahabad and as well as charge sheet dated 31.3.2016 and cognizance order.

At the very outset, learned counsel for the applicants submits that he does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicants in the light of the law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773.

Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicants in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application then their bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the case of Satender Kumar Antil (supra).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 16.8.2022

SKM