Citation : 2022 Latest Caselaw 11106 ALL
Judgement Date : 23 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 10287 of 2021 Applicant :- Smt. Puja Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,Suresh Kumar Gupta Hon'ble Sameer Jain,J.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned AGA for the State and perused the record of the case.
By way of the present application, the applicant made a prayer to quash the proceedings of Complaint Case No. 20 of 2019 and order dated 10.02.2020 passed by Special Judge (D.A.A.)/3rd Additional Session Judge, Farrukhabad, under Sections 323, 392, 504, 506 IPC, Police Station Mohammadabad, District Farrukhabad.
Sri Chandra Prakash Pandey, 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 and Satender Kumar Antil Vs. Central Breau of Investigation and others MANU/SC/0851/2022.
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 judgments of the Apex Court in the cases of Satender Kumar Antil (supras).
Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, her bail application shall be decided by the court below on the basis of law laid down by the Apex Court in the cases of Satender Kumar Antil (supras).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 23.8.2022
AK Pandey
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