Shubham Shukla @ Shubha Kumar ... vs State Of U.P. And Another
2022 Latest Caselaw 10505 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 20789 of 2022
 

 
Applicant :- Shubham Shukla @ Shubha Kumar Shukla And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Arvind Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Arvind Yadav, learned counsel for the applicants, Dr. S.B. Maurya, learned AGA-I for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the Charge sheet dated 21.10.2020, cognizance and summoning order dated 05.01.2022 passed by Judicial Magistrate, Court No.3, Gorakhpur in Criminal Case No. 308 of 2022 arising out of Case Crime No.450 of 220, under Sections 323, 504, 354, 506 IPC, Police Station Harpur Budhat, District Gorakhpur.

Sri Arvind Yadav, learned counsel for the applicant 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 applicant 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. He further submitted that applicant no.2 has already been released on bail.

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

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his 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 :- 17.8.2022

AK Pandey