Vipul Jaiswal And Another vs State Of U.P. And Another
2022 Latest Caselaw 11865 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 18500 of 2022
 

 
Applicant :- Vipul Jaiswal And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Karunesh Pratap Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Karunesh Pratap Singh, 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 have made a prayer to quash the entire proceeding of Case No.15740 of 2021 arising out of Case Crime No.742 of 2015, under Sections 323, 506, 427 and 308 IPC, Police Station Khorabar, District Gorakhpur pending in the court of Additional Chief Judicial Magistrate-I, Gorakhpur as well as charge sheet dated 28.11.2017 and cognizance-cum-summoning order dated 26.2.2021.

At the very outset, learned counsel for the applicants submits that he 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 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 case of Satender Kumar Antil (supras).

Accordingly, it is directed that if applicants appear before the trial court within three weeks from today and move bail application 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 (supras).

With these direction/observation, the present application is, accordingly, disposed of.

Order Date :- 30.8.2022

SKM