Sevin Kamal vs State Of U.P. And Another
2022 Latest Caselaw 8791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 20932 of 2022
 

 
Applicant :- Sevin Kamal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Mahendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Mahendra Singh, learned counsel for the applicant and Sri Abhishek Shukla, learned AGA-I 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 17.07.2019, cognizance and summoning order dated 07.08.2019 arising out of Case Crime No.104 of 2019 and proceeding of Case No. 1600 of 2019 (State Vs. Sevin Kamal), under Sections 420, 411, 379 IPC and 41, 102 Cr.P.C., Police Station Kotwali, District Budaun pending before Chief Judicial Magistrate, Budaun.

Sri Mahendra Singh, 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 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 applicant in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra).

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 case of Satender Kumar Antil (supra).

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

Order Date :- 1.8.2022

AK Pandey