Sadan Kushwaha vs State Of U.P. And Another
2022 Latest Caselaw 11203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 25464 of 2022
 

 
Applicant :- Sadan Kushwaha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manoj Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, 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 has made a prayer to quash the charge sheet dated 12.11.2021 arising out of Case Crime No. 654 of 2020, under Sections 482, 420 and 511 IPC, Police Station Kannauj, District Kannauj pending before the Chief Judicial Magistrate, Kannauj and as well as summoning/cognizance order dated 6.12.2021.

At the very outset, learned counsel for the applicant 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 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and move bail application 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 (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 24.8.2022

SKM