Dileep And 2 Others vs State Of U.P Thru Secretary Home ...
2022 Latest Caselaw 10903 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 29957 of 2021
 

 
Applicant :- Dileep And 2 Others
 
Opposite Party :- State Of U.P Thru Secretary Home Lknw. And Another
 
Counsel for Applicant :- Virpratap Singh,Rajat Agarwal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

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

The instant application has been moved by applicants with the prayer to quash the charge sheet dated 10.10.2020 of Special Case No. 142 of 2021 arising out of Case Crime No.419 of 2020, under Sections 323, 324, 504 and 506 IPC and Section 3(2)(va), 3(1)D, DH of SC/ST Act, Police Station Rath, District Hamirpur pending in the court of Special Judge (SC/ST Act), Hamirpur and as well as cognizance order dated 23.7.2021.

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 :- 22.8.2022

SKM