Ramji Shukla And 4 Others vs State Of Up Through Its Secretary ...
2022 Latest Caselaw 11611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- APPLICATION U/S 482 No. - 13020 of 2022
 
Applicant :- Ramji Shukla And 4 Others
 
Opposite Party :- State Of Up Through Its Secretary Home And Another
 
Counsel for Applicant :- Dhruv Mishra,Ashwaini Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

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

By way of the present application, the applicants made a prayer to quash the charge-sheet dated 27.01.2020 arising out of Case Crime No. 0403 of 2020 and proceedings of Criminal Case No. 657 of 2020 as well as cognizance and summoning order dated 06.02.2020 and N.B.W. dated 04.04.2022, under Sections 498A, 323, 504, 506, 354A IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj pending in the court of ACJM Prayagraj.

Sri Ashwani Mishra, learned counsel for the applicants 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 cases 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 applicants in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and apply for bail then, their 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 :- 29.8.2022

AK Pandey