Shiva vs State Of U.P. And Another
2022 Latest Caselaw 11872 ALL

Citation : 2022 Latest Caselaw 11872 ALL
Judgement Date : 30 August, 2022

Allahabad High Court

Shiva vs State Of U.P. And Another on 30 August, 2022

Bench: Sameer Jain




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- APPLICATION U/S 482 No. - 24447 of 2022
 

 
Applicant :- Shiva
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pankaj Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Pankaj Kumar Tripathi, 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 No. 700 of 2021 dated 17.10.2021 arising out of Case Crime No. 820 of 2021 as well as cognizance/summoning order dated 25.10.2021 and proceedings of Case No. 25418 of 2021, under Sections 147, 323, 504, 325, 308 IPC, Police Station Highway, District Mathura pending in the court of Judicial Magistrate, Mathura.

Sri Pankaj Kumar Tripathi, 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