Vipin And 3 Others vs State Of U.P. Through Secretary ...
2022 Latest Caselaw 10507 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 20721 of 2022
 

 
Applicant :- Vipin And 3 Others
 
Opposite Party :- State Of U.P. Through Secretary Home And State Law Affairs And Another
 
Counsel for Applicant :- Rajesh Yadav,Saurabh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Saurabh Kumar, 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 made a prayer to quash the proceedings of Case No. 2668 of 2019 arising out of Case Crime No. 265 of 2017, under Sections 147, 452, 323, 504, 506 IPC, Police Station Binawar, District Budaun pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Court No.3, Budaun.

Sri Saurabh Kumar, learned counsel for the applicants 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 apply for bail 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 :- 17.8.2022

AK Pandey