Citation : 2022 Latest Caselaw 11862 ALL
Judgement Date : 30 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 25465 of 2022 Applicant :- Agaz And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Khan,Mohd. Mateen Khan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Heard Sri M.A. Khan, learned counsel for the applicants, Sri Varun Kumar Agnihotri, learned Brief Holder 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 28.06.2020 arising out of Case Crime No. 227 of 2020 as well as cognizance order dated 06.01.2021 and proceedings of Criminal Case No. 128 of 2021, under Sections 452, 323, 324, 504, 506 IPC, Police Station Chandpur, District Bijnor pending in the court of Judicial Magistrate, Chandpur, Bijnor.
Sri M.A. Khan, 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 :- 30.8.2022
AK Pandey
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