Dhirendra Alias Nanhku Alis ... vs State Of U.P. And Another
2022 Latest Caselaw 11860 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 
Case :- APPLICATION U/S 482 No. - 25443 of 2022
 
Applicant :- Dhirendra Alias Nanhku Alis Nanhku Swarnkar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajesh Kumar Dubey,Himanshu Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant, Sri Suresh Bahadur Singh learned AGA for the State and perused the record of the case.

By way of the present application, the applicant made a prayer to quash the charge-sheet dated 25.01.2020 and proceedings of Criminal Case No. 2413 of 2020 arising out of Case Crime No. 11 of 2020 as well as cognizance/summoning order dated 07.07.2020, under Sections 147, 354, 323, 506 IPC, Police Station Gopiganj, District Bhadohi Gyanpur pending in the court of Additional Chief Judicial Magistrate, Bhadohi Gyanpur.

Sri Rajesh Kumar Dubey, learned counsel for the applicant 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 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 applicant in the light of the judgments of the Apex Court in the cases of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicant appears before the trial court within three weeks from today and apply for bail then, his 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 :- 30.8.2022

AK Pandey