Shiva @ Shivam Patel And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 11130 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 82
 
Case :- APPLICATION U/S 482 No. - 11033 of 2022
 
Applicant :- Shiva @ Shivam Patel And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dhirendra Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Sharad Kumar, Advocate holding brief of Sri Dhirendra Kumar Srivastava, learned counsel for applicants and learned AGA for State.

2. Not only this application under Section 482 Cr.P.C. is filed in a very casual manner but learned counsel for has also appeared in more than casual manner. Even he has not sought instruction from his clients why there is a delay of more than two and half years in approaching this Court to challenge the order dated 19.10.2019 (summoning order). The application is also silent on this issue.

3. Learned counsel for applicant in a very casual manner has prayed that this application may be dismissed with liberty to applicants to surrender before the Trial Court and Trial Court be directed to consider their bail application in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.

4. This Court is surprised that a young Advocate is appearing so casually before High Court. However, taking a lenient view and granting indulgence, this application is dismissed with the observation that applicants shall surrender before Trial Court and have liberty to move application for bail which shall be decided in accordance with law and there is no need to issue an independent direction to Trial Court to follow the directions issued in Satender Kumar Antil (supra), as it has already been circulated.

Order Date :- 23.8.2022

AK