Yogendra Khatik And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 10334 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 23010 of 2022
 

 
Applicant :- Yogendra Khatik And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunil Kumar Singh,Amit Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Sunil Kumar Singh, 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 proceedings of Case No.2304 of 2019 arising out of Case Crime No.972 of 2015, under Sections 308, 323, 325, 452, 504 and 506 IPC, Police Station Kothibhar, District Maharajganj pending in the court of Judicial Magistrate, Maharajganj and as well as charge sheet dated 26.10.2015 and the order dated 24.9.2016 summoning applicants to face trial.

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