Citation : 2022 Latest Caselaw 11844 ALL
Judgement Date : 30 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 21365 of 2022 Applicant :- Shyam Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anoop Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri Anoop Kumar Mishra, learned counsel for the applicants and Sri S. B. Maurya, learned A.G.A. for the State and perused the record of the case.
By way of the present application, the applicants made a prayer to quash the entire proceedings of Complaint Case No. 8850 of 2021 (Purushottam Singh Vs. Shyam Singh and Others) u/s 498-A and Section 4 of Dowry Prohibition Act, Police Station Kadar Chauk, District-Budaun alongwith summoning order dated 06.05.2022 passed by IIIrd Additional Civil Judge (Junior Division) / Judicial Magistrate, Budaun, pending before the court of IIIrd Additional Civil Judge (Junior Division)/Judicial Magistrate, Budaun.
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 case of Satender Kumar Antil Vs. Central Breau of Investigation, reported in 2021 (10) SCC 773.
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 judgment of the Apex Court in the case of Satender Kumar Antil (supra).
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 case of Satender Kumar Antil (supra).
With these direction/observation, the present application is, accordingly, disposed of.
Order Date :- 30.8.2022
Vibha Singh
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