Mohd. Irshad And Others vs State Of U.P. And Another
2022 Latest Caselaw 11321 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 2860 of 2018
 

 
Applicant :- Mohd. Irshad And Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mayank Sinha,Girish Chandra Sinha
 
Counsel for Opposite Party :- Govt. Advocate,Harish Pandey,Rajendra Kumar Dwivedi
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and gone through the record.

2. By way of this application under Section 482 CrPC the applicant(s) has/have prayed for quashing of charge-sheet no.116/2017 filed in Crime No.014 of 2017 lodged at Police Station Kunda, District Pratpagarh and for quashing of the order dated 04.04.2018 passed by the learned Additional Chief Judicial Magistrate, Kunda, District Pratapgarh in Criminal Case No.428 by means of which the applicants have been summoned to face trial.

3. Learned counsel for the applicant(s) submits that the applicant(s) want(s) to surrender and apply for regular bail. Only prayer is that while considering the bail application of the applicant(s), trial Court should take into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

4. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the order of the Supreme Court in the case of Satender Kumar Antil (supra).

5. After admitting to bail, the applicants may file application for discharge and the same shall be considered by the Court/Magistrate concerned, in accordance with law, expeditiously.

Order Date :- 25.8.2022

MVS/-